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STATE OF NEW YORK. 



o 36. 



IN SENATE, >-^^ 

February 8, 1861. 

REPORT 

Of the Commissioners to ascertain and settle the boundary 
line between the States of New York and Connecticut. 

Albany, February 8, 1861. 
Hon. Robert Campbell, 

President of the Senate. 

Sir — The undersigned Commissioners, appointed to ascertain 

and settle the boundary line between the States of New York 

and Connecticut, herewith transmit to the Legislature a full 

report of their proceedings, and of the expenses incident thereto. 

Respectfully yours, 

ISAAC PLATT. 
JACOB VROMAN. 
LEANDER D. BROWN. 



[Senate, No. 36.] 



nz7 



\3 



St 



REPORT 



The controversy between the States of New York and Connec- 
ticut has been called, and perhaps justly, one of the most extra- 
ordinary of the kind, especially in enlightened times and between 
friendly States, each professing to have a proper regard for the 
rights of the other. 

It is difficult, if not impossible, to account for the many 
embarrassments and controversies that have attended it, extend- 
ing over a period of about two centuries, and its history is worthy 
of special attention at this time, as illustrative of the importance 
of our position, when we feel that we may be warranted in stating 
that it has been finally terminated in a manner just to the respec- 
tive States, and satisfactory to all directly concerned. 

A reference to a few prominent facts will serve, not only to 
show the character the controversy has at times assumed in the 
distant past, but in events of recent date, and also the impor- 
tance of the conclusions to which we have arrived, fully sustain- 
ing the interests of New York while respecting as sacredly the 
rights of Connecticut. 

The original strife had its origin in the early settlement of 
emigrants from Connecticut on Long Island Sound, within terri- 
tory claimed and held by New York. The bounds of the respec- 
tive provinces not being defined by any distinct lines, and the 
people not fraternizing with the Dutch settlers of New York, 
but being anxious to remain under the jurisdiction of Con- 
necticut, an effort was first made in 1664 to have a boundary 
located and defined, and for that purpose Commissioners were 
appointed on the part of the Duke of York, and delegates on that 
of the colony of Connecticut. An arrangement between these 
parties was made, but so little was then known of the situation 
of the country and the interior localities, that it was found so 



4 [Senate 

full of errors it could not be carried into effect, and Avas there- 
fore by consent abandoned. But the settlements went on, and 
controversies respecting jurisdiction were so frequent, that in 
1683 a new agreement was made to remove the troubles, in which 
it was stipulated that a tract on the Sound, the bounds of which 
were described to contain 61,440 acres, should be permanently 
set off to Connecticut by New York, on condition that the former 
should in exchange set off to New York a territory of like extent, 
to be of equal width from the tract on the Sound to the south 
line of Massachusetts. This agreement was sanctioned by a 
royal ordinance of William the Third, and carried into effect in 
1684, so far that the tract on the Sound was surveyed and set off 
to the full possession of Connecticut. 

A simple contract to make an exchange of an equal number of 
acres of land was certainly not apparently one of difficult execu- 
tion, and the natural conclusion, of the disinterested observer 
would be, that its fulfillment, on both sides, would immediately 
folloAv. But instead of such prompt fulfillment, while Connecticut 
had her share secured, and in possession, the equivalent due New 
York was withheld under various pretexts, for the extraordinary 
period of forty-eight years. The obstacles in the way of a set- 
tlement were invariably made on the part of Connecticut, and in 
no instance on that of New York, rendering it doubtful for a 
time whether the latter would ever obtain her share at all. 

The singular fact appears that instead of taking steps to carry 
her agreement of 1683 into effect, ConnTecticut made no movement 
until 1697, when she encouraged the towns of Rye and Bedford, 
in Westchester county, to revolt against New York, claiming 
them as her territory, and the same Governor who had signed 
the contract alluded to, fourteen years previously, demanded 
those towns for Connecticut, in violation of that contract which 
placed them beyond dispute in New York. 

After the contest respecting Rye and Bedford, matters remained 
stationary for twenty years, and until I7l7, Avhen New York 
made another attempt to obtain her rights, by passing an act to 
provide for the survey of the equivalent tract. At her solicita- 
tion, in 1718, commissioners were appointed on the part of Con- 
necticut to meet those of New York already appointed, but their 
labors, on consulting, were without effect, as those of Connecticut 
would agree to nothing practical, and were not vested with 
authority to bind their government. 



No. 36.] 5 

In the following year New York made a further attempt at an 
arrangement," by appointing another set of Commissioners to meet 
those of Connecticut and settle the line amicably; and as all 
previous efforts had proved unavailing, it was provided in this 
instance, that if Connecticut would not assent to something 
practical, the New York Commissioners should be authorized to 
proceed alone, to run, and fix the line ex •parte, but in strict con- 
formity with the agreement of 1683, nine months' notice being 
first given to Connecticut, to give her Commissioners an oppor- 
tunity to participate in the work if so disposed. This act was 
subsequently sanctioned by a royal ordinance, although the agents 
of Connecticut in England at the time made every effort in their 
power to prevent it. 

This last act brought the controvery to such a position that 
Connecticut was finally obliged to take definite action. Still, 
nothing decisive followed, although various propositions were 
made, and acts passed, until 1723, when Commissioners with 
authority to act and settle the boundary from Long Island Sound 
to Massachusetts line were again appointed on both sides. 

These Commissioners held several meetings in 1724, but at all 
these nothing was accomplished in consequence of the steady 
refusal of those of Connecticut to test the correctness of the 
points claimed by them as authentic monuments defining the 
bounds of the tract on the Sound ceded by New York ; and also 
by reason of their questioning the provisions of the agreement 
of 1683, for ceding to New York lands over twenty miles east of 
Hudson river. The proceedings were ended by their abruptly 
leaving the conference. 

But in 1724 Connecticut took definite action in the case, and 
again appointed Commissioners on her part, fully authorized in 
this instance to enter into an agreement with those of New York 
to survey and set off the equivalent tract, and fix and mark the 
line to divide the provinces. 

In 1725, the Commissioners on both sides, making the fifth set 
appointed for the same purpose, met, came to a full understanding, 
and entered into articles of agreement settling the manner of the 
survey. This, let it be understood, was at the end of sixty-one 
years after the commencement of the controversy, and forty-one 
years after Connecticut had received her share of the territory 
exchanged. But even this last movement resulted in nothing 
further for the time being, than the running again of the line 



6 [Senate 

bounding the tract on the Sound, which Connecticut already held. 
Action, from some cause, was suspended until 1*731, when the 
Commissioners of 1725 took hold of the work in earnest, surveyed 
and set off the oblong or equivalent tract to New York, defining 
its eastern boundary as that which was forever to remain the 
boundary between the respective States. 

Here may be stated two striking facts having a direct bearing, 
not only upon the original settlement, but also upon questions 
relating to the boundary, so far as it has since been found pend- 
ing between the States. They are these: In October, 1*130, an 
act Avas passed by the general assembly of Connecticut, in which 
it was stated, that under the agreement of 1725, a part of the 
boundary dividing, the province-s was ^^ actually run, ascertained, 
and fixed by proper monuments," and the line so run was formally 
ratified in the same act. Further, in that act, reference was 
made to the remainder of the line, to include the Oblong, then to 
be surveyed under the agreement referred to, in which, after 
citing the agreement, it was enacted that, " The lines when rmi, 
and the places distinguished through which they should pass, should 
he the boundary." This, let it be understood, was the independent 
action of Connecticut, fixing by law the line of monuments as 
located by the surveyors, to be hier permanent boundary, and 
depriving subsequent Commissioners or surveyors of the power 
to change them. One fact more will be sufficient to dispose of 
this part of our subject. 

After the survey of 1731 was completed by the joint action of 
the Commissioners on the part of New York and Connecticut, an 
indenture was executed by said Commissioners, pursuant to the 
authority delegated to them, in which the Commissioners of the 
latter State (then colony) on their part formally transferred to 
New York all the lands contained in the oblong, or equivalent 
tract, in conformity with the original agreement of 1683, and the 
subsequent one of 1725. All the Commissioners agreed upon the 
east lines of said oblong or equivalent tract, fixed and marked 
by themselves, and minutely described in their survey, as the per- 
manent boundary of the respective States (then colonies), defining 
it to be by the lines as " said lines run through the several monu- 
ments" as " erected by the said Commissioners, on the east side of 
said additional lands." This arrangement, or transfer, was subse- 
quently sanctioned, without reserve, by both the contracting 
parties, and also, the same year, by a royal ordinance of King 



No. 36.] 7 

George the Second ; thus giving to the transaction all the forms 
of law as well as of contract. The ordinance, like the indenture, 
expressly stipulated that the line should be " at the several monu- 
ments erected by them (the Commissioners) 07i the east side of said 
additional lands.'^ 

In presenting this sketch of the controversy and final arrange- 
ment between the States, it is not our object to cast reproaches, 
or draw unfavorable inferences, respecting what appears to us an 
extraordinary course on the part of Connecticut. But to set forth 
the origin, progress, and conclusion of the original and long pro- 
tracted negotiations, and also to show, as we trust the facts do 
most clearly, that when the survey and transfer of the oblong 
was concluded, sanctioned by the parties and by the crown, in 
1731, there remained no room for further controversy, or ground 
for negotiation respecting said boundary lines, unless one or both 
parties should resolve to disregard the obligation of contracts. 

Under this view of the subject, which the premises show to be 
a just one, it is clear that after the settlement of 1731, the only 
legitimate subject of difference that could arise between the 
States, might be with reference to the original and true location 
of those lines. The lapse of a long period of time, the changes 
that necessarily come over the face of the country in the course 
of a century or more, the removal or obscurity of the original . 
land marks, would naturally make a new survey and marking of 
the line necessary for the convenience of the people, and remove 
subjects of controversy : but beyond that the parties left no mat- 
ters for new adjustment. 

That the original settlement of the line was satisfactory to all 
parties concerned, we have the further evidence in the fact that 
for more than a century no controversy respecting it arose, either 
between the States or the people on their borders. It was not 
until subsequent to the year 1850, when the trees which had been 
marked had all disappeared, some of the monuments been re- 
moved, and, owing to changes among the people few of them 
knew of the monuments remaining, that questions of jurisdiction 
were raised, and controversies began respecting the true position 
of the original line. Doubts which none had authority to solve, 
made the difficulties more and more serious, so that on the first 
Wednesday in May, 1855, Connecticut made a proposition to 
ascertain the true position of that line by having a new survey 
of it made, and new monuments placed upon it. As a first step 



8 [Senate 

for promoting this object her Legislature, or General Assembly, on 
the day above named, passed the following preamble and reso- 

lutions : 

Whereas, Sundry differences and disputes have arisen among 
the inhabitants resident near the line dividing the States of New 
York and Connecticut concerning said dividing line, and most of 
the bounds and monuments erected on and along said dividing 
line have been removed or destroyed, rendering it now uncertain 
to which of said States sundry citizens, resident as aforesaid, 
elong: Now, therefore, it is 

Resolved by this Assembly, That William H. Holly, of Stam- 
ford, and Jason Whiting, of Litchfield, be and they are hereby 
appointed Commissioners on the part of this State, to be duly 
commissioned by the Governor, to ascertain the boundary line 
between this State and the State of New York; and the said 
Commissioners are hereby authorized and empowered to meet 
such Commissioners as may be appointed and vested with similar 
powers by the Legislature of New York, and with them, as soon 
as may be, to ascertain the said boundary line, and erect suitable 
monuments at such places as they shall deem necessary to pre- 
vent any future mistakes concerning the same ; and said Commis- 
sioners are authorized to employ necessary surveyors and chain- 
men to assist as aforesaid ; and said Commissioners are to make 
report of their doings to the General Assembly of this State. 
And in case of the death or resignation of said Commissioners on 
the part of this State, or either of them,. the Governor of this 
State is hereby empowered to fill the vacancy or vacancies so 
occurring. 

Resolved, That the Governor of this State be^ requested to 
transmit a duly certified copy of the foregoing resolution to the 
Governor of the State of New York, to be laid before the Legis- 
lature of that State. 

This proposition was submitted to the Legislature of New York 
by the Governor, on the 25th of January, 1856, and acted upon 
by that body on the 15th of April following, when the following 
preamble and concurrent resolutions were passed : 

Whereas, It is represented on the part of the General Assembly 
of the State of Connecticut, that sundry differences and disputes 
have arisen among the inhabitants residing near the line dividing 
the States of New York and Connecticut, concerning said dividing 
line, and that most of the bounds and monuments erected on and 



No. 36.] 9 

along said dividing line have been removed or destroyed, render- 
ing it uncertain to which of said States sundry citizens, resident 
as aforesaid, belong: Now, therefore, it is 

Resolved, That the Governor appoint three Commissioners, to 
be duly commissioned by him, to meet the Commissioners ap- 
pointed by the General Assembl)^ of the State of Connecticut, 
and with them, as soon as may be, to ascertain the boundary line 
between this State and the State of Connecticut, and to erect 
suitable monuments at such places as they shall deem necessary 
to prevent any further mistake concerning the same : said Com- 
missioners to be authorized to employ necessary surveyors and 
chainmen, to assist as aforesaid, and to be required to report their 
doings and the expenses attending the same, to the Legislature 
of this State ; and in case of the death or resignation of said 
Commissioners on the part of this State, or either of them, the 
Governor of this State is hereby empowered to fill the vacancy 
or vacancies so occurring. 

Resolved, That the Governor of this State be requested to 
transmit a duly certified copy of the foregoing resolution to the 
Governor of the State of Connecticut, to be laid before the Gene- 
ral Assembly of that State. 

An examination of these proceedings will show that the true 
character of the proposition b}^ Connecticut, and its acceptance 
by New York, could not be mistaken. The only authority con- 
ferred upon the Commissioners on either side, was to ascertain, 
and Avith suitable monuments to mark, the origin.al line. 

Pursuant to authority conferred by the resolutions adopted, 
the Governor, on the 9th of April, 1856, appointed the Hon. Ben. 
Field, Samuel D. Backus and Jonathan Tarbell, Commissioners 
on the part of this State, to act with the Commissioners appointed 
by Connecticut, to ascertain, survey and mark the boundary line. 

These Commissioners conferred Avith those of Connecticut, and 
after they had organized a joint board, and agreed jpon the mode 
of proceeding, they employed Mr. C. W. Wentz, of Albany, an 
engineer of established reputation and ability, to survey the line. 
Mr. Wentz entered upon the duties of such survey, with a party 
properly organized, on the 25th of June, 1856. The line was run 
without controversey between the Commissioners, from the great 
stone at the wading place on Byram river, to the Duke's trees, 
then on the line parallel to the Sound to the Wilton angle, and 



10 [Senate 

thence to the Ridgefield angle. Thus far it would appear that 
the Commissioners agreed. 

But from the Ridgefield angle northerly to the monument in 
the south line of Massachusetts, a diiferent policy was pursued, 
the orignal line was not traced or followed, but Mr. Wentz first 
run a datum line, and from that located a straight line between 
the two points, by measurements, on perpendiculars from the da- 
tum line westward, at various points. These surveys were so far 
completed on the first of November, that the surveying party, 
having been engaged in the field one hundred days, was dismissed. 

The location of the straight line between the Ridgefield angle 
monument and the Massachusetts line monument, revealed the 
fact that the line as originally located, as shown by the monu- 
ments found on it in this survey, was not straight, but inclined 
to the east of a direct line so far, at various points, that to aban- 
don it and adopt a straight line in its stead, would cut off from 
this State a tract of about two thousand eight hundred acres, 
and between two and three hundred inhabitants, who had always 
been residents of New York. 

This immediately brought up an irreconcilable subject of con- 
troversy. The Commissioners of New York insisted that as the 
old line was defined to follow the line of monuments, that should 
be adhered to ; while the Connecticut Commissioners insisted 
upon a straight line between the points named. Several efforts 
were made to effect an arrangement, but in vain. The Connecti- 
cut Commissioners remained immovable. No further j^rogress 
could be made, and no part of the survey was adopted. 

Reports of the survey and proceedings were made by the engi- 
neer, and by the Commissioners, but, besides providing for the 
expenses incurred, no legislative action was taken beyond the 
passage of the following preamble and resolutions, sustaining the 
course of the New York Commissioners in refusing to yield up 
any portion of the territory of the State : 

W/iereas, The Commissioners appointed on the part of New 
York and Connecticut respectively, to ascertain the boundary line 
between the two States, have been unable to agree in relation 
thereto, 

Resolved, That the Commissioners on the part of New York, 
while they have maintained the rights of this State, by declining 
to yield any of its territory or to adopt any other than the legal 
and recognized boundary through the ancient landmarks, have 



No. 36.J 11 

not been lacking in liberality towards the Commissioners on the 
part of Connecticut, nor in proper effort for a just and speedy 
determination of the matters in difference between them, nor are 
they to be held responsible for the failure of a settlement hitherto. 

Resolved, That relying upon the Legislature of Connecticut to 
correct the errors of its Commissioners, we deem no legislation 
necessary on the part of this State, in relation to this subject at 
the present time. 

From this point of the controversy nothing further was effected 
by the former Commissioners ; all efforts at an agreement proved 
vain. It is unnecessary to state here what conferences were held, 
or propositions offered, as none on the part of this State were 
accepted by Connecticut. In August, 1859, new Commissioners 
were appointed on the part of each State, w^ho still continue to 
act. These Commissioners had their first conference at Port 
Chester, on the 13th of September, 1859, at which a joint board 
was organized by the appointment of Isaac Piatt, of the New 
York commission, chairman, and Joseph R. Hanley, of the Con- 
necticut commission, secretary. 

As the difficulties that had attended the proceedings of the 
former commissioners were known, the first proposition offered 
on our part was for a survey of the original line, contained in 
the following resolution by Mr. Brown, in our behalf : 

Resolved, That we will proceed immediately to trace and define 
the boundary line between the respective States, as fixed by the 
commissioners on the part of both in 1^31, in compliance with 
an agreement previously made in 1725, commencing at the mouth 
of Byram river, and following the line of monuments and marks 
originally placed to mark said boundary, to the monument in the 
south line of Massachusetts, at the north-west corner of Connec- 
ticut, and north-east corner of the oblong. 

This fair proposition was immediately rejected by the Connec- 
ticut commissioners, on the ground, as they alleged, that the 
original line could not be traced with any certainty, and that 
the old monuments and marks were generally removed. To this 
w^e replied, that there were good grounds for believing most of 
them could be found and identified, and where removed we could 
find fences and other evidences as to their original locality, that 
would be sufficient. We insisted further, that whatever might 
be the condition of the line, it was our first duty to make the 
effort to trace out its true position, by a careful examination, and 



12 [Senate 

that to aid us in that, competent engineers should be employed 
on both side? to make the requisite notes and observations at the 
points of interest. To these propositions, after some hesitation, 
the Connecticut commissioners gave their assent. They offered 
no proposition on their part. The board adjourned to the 20th 
of September then instant. 

On the day named, the joint commission again met at Port 
Chester, each party having a competent engineer, provided with 
the requisite instruments for taking observations. After examin- 
ing the localities at the mouth of Byram river, the Connecticut 
commissioners suggested that there would probably no differences 
arise with reference to the manner of running the lines between 
the Ridgefield angle and the great stone, and that therefore it 
would be economy of time to proceed immediately to the said 
angle point, and explore the line from there to the south line of 
Massachusetts. Believing that if the line referred to could be 
agreed upon, there would be no difficulty with reference to the 
others, we accepted this proposition, and proceeded on the fol- 
lowing day to the point designated. 

The Ridgefield angle monument, was found to be a heap of 
stones, like the other monuments, put up by the surveyors of 
1731. Tradition designated it as a well established point, and 
no question was raised on either side respecting its identity. We 
proceeded along the line of fences dividing farms, which have 
always been considered as standing on the line, to the two mile 
monument, well described, then to the four mile monument at 
Mopo brook, which in all respects answers the original descrip- 
tion, especially in its position from the bank of the brook, which 
certainl}^ had not been changed for centuries. The eight, four- 
teen, sixteen, eighteen, twent}^, twenty-eight, thirty, thirty-three, 
thirty-five, forty-two, and forty-four mile monuments, were all 
found without difficulty, and readily identified, as their location 
corresponded with the description in the old survey. Where the 
intermediate monuments were not found, evidences of their origi- 
nal position were obtained which were sufficient, by the location 
of line fences of ancient date, reference to the adjacent localities, 
and tradition. So satisfactory were the evidences of the true 
location of the line, that there was no question raised on the 
part of any of the commissioners respecting them, or any doubt 
suggested except perhaps in two or three instances. As further 
evidence of the correctness of our conclusions, we may add that 



No. 36.] 13 

the twenty-eight mile monument was the recognised corner of 
the Housatonic Indian reservation; the thirty-five, the corner of 
the towns of Sharon and Kent : and the forty-four, of the towns 
of Sharon and Salisbury, all in Connecticut, joining New York at 
the points named. 

The labor of exploring this line w'as finished on the 4th of 
October, and while ample time was given for every examination 
that was considered essential by any of the party, or the engi- 
neers, not a single dispute had arisen. 

The line was not found to be straight; the survey of Mr. 
Wentz proved the two mile monument to be five chains and eight 
links east of such line; the four mile monument, seven chains 
and twenty-seven links, and the six mile, ten chains and twenty- 
six links. In like manner, the forty-seven mile monument point, 
the first south of Massachusetts line, was found to be thirty-six 
rods east of such line. But these facts in no respect affected 
the identity of the monuments found, or the evidence obtained 
of the true locality of the original line. Why such line was not 
made straight, could be easily explained in the fact, that in the 
survey of 1731, that line was not run directly from point to point, 
but monuments to mark it were placed at the end of perpendicu- 
lars, run from the west line of the oblong, over nearly level or 
very uneven surfaces, as the case might be, by a compass subject 
to constant variations, owing to mineral deposits. 

As it was found that the original line could be accurately 
traced, we flattered ourselves that we should have no difficulty 
in coming to an agreement in favor of again running and mark- 
ing that line which had been the recognised boundary of the two 
States for one hundred and twenty-eight years. Indeed, there 
appeared no room for difference, especially as all immediately 
interested wished things to remain unchanged. 

The preliminary examinations being ended, the joint board 
met at Lakeville, Connecticut, on the fifth of October, 1859, 
when we proposed an agreement for the survey of the line we 
had traced, that it might be immediately established, to end all 
further dispute. To our surprise, the Connecticut commissioners 
announced that they had no proposition to offer. Mr. Vroman, 
of the New York commission, then offered, on our behalf, a reso- 
lution for the survey of the line by running through the several 
monuments and monument points, from Massachusetts to the 
Ridgefield angle, as they had been found. This was immediately 



14 [Senate 

rejected by the Connecticut commissioners, although they gave 
no valid reasons for such rejection, and surprised us by insisting, 
for the first time, that a straight line should be run in disregard 
of all the intermediate monuments, and other evidences we had 
found, showing where the line was located and should be estab- 
lished. 

Hoping to remove their objections to a resolution specifying in 
detail the line to be run, Mr. Piatt, of the New York Commis- 
sion, then proposed one providing in general terms for the survey 
of the line that had been traced and ascertained ; but this met 
with no better reception. 

Finding our efforts at an arrangement useless, we consented, at 
the request of our Connecticut associates, to an adjournment to 
North Salem, in Westchester county, on the 12th of October, to 
test the width of the oblong at the Ridgefield angle, which they 
seemed to consider important. 

We met them at the time and place appointed, with their engi- 
neer, provided with transit, chain, &c., as if all ready on their 
part, to enter upon the survey. The day was spent in ascertain- 
ing the position of the original angle monument, purporting to 
be twenty miles east of Courtlandt's Point, on the Hudson River, 
and in measuring across to the present angle monument, and the 
distance was found to correspond so nearly with that given in 
the old survey, that the difference was only nineteen links. 

The board then met and a further effort at an arrangement was 
made. As usual the first call was upon us for propositions, when, 
as a renewed effort at compromise, Mr. Brown offered, on our part, 
a resolution to run the line through. the prominent and unques- 
tionably well established points, omitting those that might be 
considered obscure or doubtful, and also through the centre of 
the village of Hitchcock's Corners, to promote the convenience 
of the people of both States. 

The line, as here proposed, would change no residences, and 
therefore we were willing to yield something in the hope of effect- 
ing a compromise. But the proposition Avas immediately rejected. 
Other efforts at an agreement were made on our part, which it is 
unnecessary to repeat, as none of our offers were accepted. 

When our efforts at conciliation were exhausted, the Connecti- 
cut Commissioners made the singular proposition, (as if no sur- 
vey or conveyance had ever been made,) to run the original west 
line of the oblong again, from a point twenty miles east of Hvid- 



No. 36.] 15 

son river at Courtlandt's Point, to a point in the south line of 
Massachusetts, also twenty miles east of said river, and then set 
off again a tract of 61,440 acres east of said line to Ncav York. 

What object they had in making such an offer, as if one that 
could be entertained by us, we could not conjecture. Not wish- 
ing to accuse them of trifling with a grave subject, we declined 
it as beyond the powers of the commission, and as not contem- 
plated or desired by either State. 

Here our joint labors apparently came to a close, but after a 
correspondence between the chairmen of the respective commis- 
sions, another meeting was agreed upon, and held at Pittsfield, 
Massachusetts, on the 25th of November. On assembling at 
Pittsfield, we again offered, as a compromise, the proposition of 
Mr. Brown, at North Salem, of which the following is a copy : 

" Commence at the monument in the Massachusetts line, and 
run from thence to the forty-four mile monument ; thence to the 
point designated as the location of a monument on the high bank 
north of Ten Mile river; thence to the end of the line fence in 
the traditionary line at the north end of the village of Hitch- 
cock's Corners ; thence through the centre of the main street to 
a point in said centre in front of the store at the south end of 
said village ; thence to a point in the traditionary line on the 
southerly side of the highway leading southeasterly from said 
village; thence to the thirty-five mile* monument ; thence to the 
thirty mile monument ; thence to the twenty-eight mile monu- 
ment : thence to the twenty mile monument ; thence to the eighteen 
mile monument ; thence to the sixteen mile monument ; thence to 
the fourteen mile monument ; thence to the eight mile monument ; 
thence to the four mile monument ; thence to the Ridgefield angle 
monument, running straight lines from point to point, and from 
the Ridgefield angle monument along the traditionary line to the 
mouth of Byram river." 

This was rejected, without discussion, by the Connecticut 
Commissioners, and the following offered, in writing, on their 
part : 

Resolved, That we will first test the breadth of the oblong 
at the angle bounds at the Massachusetts line, at the Ridgefield 
angle, and at the Wilton angle. If it shall be found that the 
present recognized bounds at said angle do not give to New York 
the area called for by the agreement of 1725, to be measured 
with the allowance provided for in such agreement, of twenty-five 



16 [Senate 

rods per mile, then we agree that either of said angle bounds 
may be carried so far east as to make it sure to conform to said 
agreement. Then said angle bounds shall be connected in straight 
lines for the boundary line between the States, with the follow- 
ing exception : 

The village of Hitchcock's Corners, having grown up under 
the impression that the true boundary line ran through its prin- 
cipal street, we agree, at this point, to vary said straight line by 
beginning at the north end of the said principal street, and in the 
centre of the same, and run a line southerly through the centre 
of the said street, and so on in a direct course until it shall inter- 
sect the said straight line ; and also running northerly from the 
said starting point, and at the same angle, until it shall intersect 
the said straight line in the same manner above as below the said 
angle. It being understood and agreed that said straight line 
shall be so run as to give to New York an area, besides that given 
by the said departure at Hitchcock's Corners, of full 61,440 acres, 
as called for by the agreement of 1725 and survey of 1731, in 
furtherance thereof, and measured according to the said agree- 
ment of 1725. 

That as to the remainder of the boundary, straight lines shall 
be run between the present recognized angle bounds until arriving 
at the centre of Byram river, in the direction of the great stone 
at the old wading place, and thence the boundary line shall pro- 
ceed in the centre of said river to the Sound. And when so run, 
we will recommend the above lines to our respective States, to be 
established by them as the boundary between them ; and in con- 
nection therewith, will also recommend to our respective Legis- 
latures to pass such special acts as shall guarantee to present 
owners all real estate, rights and titles that may be affected there- 
by, to the full extent and enjoyment in which they are now legally 
held. 

We rejected this extraordinary proposition on the following 
grounds, stated in writing : 

First — It proposes to establish an entire new line, instead of 
ascertaining the line between the States. 

Second — The proposition is not fair on its face, in not offering 
to reduce the area of the lands received by Connecticut of New 
York on Long Island Sound, to the number of acres offered New 
York in the proposition. 



No. 36.] 11 

Third — It would exceed the powers of the Commissioners, and 
of the States, to establish such a new line. 

As a further reason why a proposal like that presented could 
only be regarded as wholly inadmissible, and would lead to nothing 
but prolonged contentions, desired by neither State if our powers 
would permit us to entertain it, we reminded them that if any of the 
original surveys were to be revised at this day, and former errors 
corrected, it would, of necessity, be the duty of the commission 
to extend such revision to all such surveys ; to that of the tract 
ceded by New York to Connecticut on the Sound, as well as that 
of Connecticut to New York in the oblong ; that if New York 
should give back what she had received in excess in the original 
cession, Connecticut should also, in like manner, give back the 
excess she had received from New York, and a new line be run 
and established south of the Ridgefield angle as well as north of 
it; claiming, what plainly and conclusively appears by the sur- 
veys of 1684, 1*125 and 1731, and the royal ordinances confirm- 
ing the same, that Connecticut had received from New York, 
instead of 61,440 acres, an area of about 73,000 acres, thus 
making an excess in favor of Connecticut of at least 5,000 acres, 
which she should return. 

Notwithstanding that our objections were so plain and conclu- 
sive — that the action proposed was so far beyond the powers of 
the Commissioners that it would only subject them to censure by 
their States and the people interested — the Connecticut Commis- 
sioners firmly refused to modify their terms, or accept of any 
other. Our conferences with them here ended for the time being. 

We felt that we had exhausted every efi'ort to make an arrange- 
ment, and offered every compromise that could be devised with a 
proper regard to the interests of the State, to no purpose. 

PROCEEDINGS OF 1860. 

In giving the foregoing sketch of the long and singularly pro- 
tracted controversies with Connecticut, respecting the boundary 
line of our State, from the earliest period of our history up to 
the close of the year 1859, our object is to present, in a con- 
densed and connected form, a clear view of the whole subject, 
that it may be seen that New York, from the outset to the end, 
has steadily occupied a fair and just position, asking only for her 
just rights, but strictly respecting those of Connecticut, and yet, 

[Senate, No. 36.J 2 



18 [Senate 

while the matters to be settled were so simple, all efforts at an 
arrangement have proved abortive. Her representatives vv^onld 
assent to nothing that could be accepted without a sacrifice of 
the honor or the rights of New York. The obstinacy of the 
majority of her commissioners cannot be accounted for. These 
facts prove the necessity of the proceedings Avhich follow, to set- 
tle and fix the boundary line by the action of New York alone. 

A report of our proceedings up to the close of 1859, hereinbe- 
fore alluded to, was made to the Legislature last year, explain- 
ing what had been accomplished, the efforts we had made at an 
amicable arrangement, and the difficulties we had encountered. 
After a full consideration of the subject, that body passed the 
following act, which became a. law on the third day of April, 1860 : 

An act to provide for the survey and settlement of the bound- 
ary line between the States of New York and Connecticut, and 
for the expenses thereof. 

The people of the State of JVew York, represented in Senate and 

Assembly, do enact as follows : 

§ 1. The commissioners appointed by the Governor to ascertain 
the boundary line between the States of New York and Connec- 
ticut, are hereby empowered and directed to survey and mark, 
with suitable monuments, the said line between the two States, 
as' fixed by the survey of seventeen hundred and thirty-one. 

§ 2. It shall be the duty of said commissioners, before proceed- 
ing to the performance of such duties, to give at least one month's 
notice in writing to the commissioners appointed on the part of 
the State of Connecticut to ascertain and settle said line, of the 
time and place, when and where, such survey will be commenced, 
and inviting them to join in the duties enjoined upon the said 
commissioners from this State, by the first section of this act. 

§ 3. The notice in the last section mentioned, may be served 
by mail, by enclosing a copy thereof to each of said Connecticut 
commissioners, directed to him at his place of residence, at least 
thirty-five days before the time specified therein for the com- 
mencement of said survey. 

§ 4. In case of the refusal or neglect of said Connecticut com- 
missioners to appear and join in such survey and marking of said 
line, at the time and place specified in such notice, or such other 
time as may be mutually agreed upon by the commissioners of 
the two States, then the commissioners of New York shall pro- 



No. 36.J 19 

ceed in the performance of their duties as in the first section of 
this act empowered and directed. 

^ 5. The sum of five thousand dollars is hereby appropriated 
out of any funds in the treasury applicable to such purposes, or 
so much thereof as may be necessary, to pay the expenses of the 
said commissioners already incurred, and for their services here- 
tofore rendered, and the expenses they may hereafter incur, and 
the services they may render in the performance of their duties, 
at the rates and in the manner specified in chapter forty-seven of 
the laws of eighteen hundred and fifty-seven. 

§ 6. This act shall take effect immediately. 

Pursuant to the provisions of sections two and three of said 
act, on the fourth day of April, immediately after the passage of 
s^id act, we addressed to each of the Connecticut commissioners 
the following notice, with which we also enclosed to each a copy 
of the foregoing law. 

Albany, April 4, 1860. 
Hon. Oliver H. Perry, Joseph R. Hawley and Philip S. Bebee, 

Commissio7iers^ Sfc: 

Gentlemen — In compliance with an act of the Legislature of 
the State of New York, a copy of which is herewith enclosed, 
the undersigned, commissioners on the part of the State of New 
York to ascertain the boundary line between said State and the 
State of Connecticut, hereby respectfully give notice, that on the 
15th day of May next they will commence a survey of the bound- 
ary line between the States of New York and Connecticut, at the 
monument in the line of the State of Massachusetts, and con- 
tinue the survey of the same until completed, in compliance with 
the provisions of said act ; and when so completed, they will 
designate the same by the erection of suitable monuments. And 
you are respectfully invited, and earnestly solicited, to join in 
such survey and the marking of said line, commencing at the 
time and place aforesaid. 

Yours, &c., 

ISAAC PLATT. 
L. D. BROWN, 
JACOB VROMAN. 

To guard, as far as possible, against any ill feeling on the part 
of our Connecticut friends, with the above notice, the chairman 
of the New York commission, at the same time addressed to each 
of them the following conciliatory letter : 



20 [Senate 

Albany, jJpril 4, 1860. 

Dear Sir — Enclosed herewith, I send you an official notice, 
which you will perceive is authorised and directed by an act 
just passed by the Legislature of this State, for the purpose of 
finally settling the boundary line between our States. 

As you will see, it authorises us, if no arrangement can now 
be effected, to go on and do up the work of fixing the boundary 
of our State alone ; but I can assure you that we feel no disposi- 
tion to proceed in any manner that will not be satisfactory to 
you, if any arrangement can still be made by which we may 
unite, and together finish up our work to accommodate all con- 
cerned. 

We have fixed upon a date, as the law requires, when to begin 
our work ; but, as you will see that we may fix upon any other 
time that can be mutually agreed upon, will you please let me 
hear from you on the subject, and whether we can meet again 
between this and the fifteenth of May, and enter into a fair and 
just arrangement for the discharge of our remaining duties. Sin- 
cerely hoping that all may still be settled in perfect fairness, and 
in such manner that none will find cause of complaint, I remain, 
with much respect. 

Yours truly, ISAAC PLATT. 

After sending the above notice and letter, the chairman of our 
commission received answers from the different members of the 
Connecticut commission, which it is unnecessary to give ; but on 
the 20th of April the following official reply was received from 
their chairman : 

SouTHPORT, Ct., April 18, 1860. 
Isaac Platt, Esq., Chairman of the JV. Y. Boundary Commission: 

Dear Sir — At a meeting of the Connecticut boundary commis- 
sioners, held at Hartford, April 17, 1860, the recent act passed 
by your State Legislature, was submitted to the board, together 
with your formal notice under the same, that the New York com- 
missioners would proceed to survey and mark the boundary line 
between the two States, on the IStli of May next, beginning at 
the Massachusetts line. 

After due consultation as to the intent and effect of said act, 
and of your proposed action thereon, without the co-operation 
of our State, or her commissioners, it was determined to request 
that your board would delay such action, at least until the 15th 
of June next, that in the meantime our report might be made to 



No. 36.] 21 

our General Assembly, which convenes on the 2d of May next, 
and they have time to act on the same, and also to consider the 
act of your Legislature above referred to. 

By order of our board, I hereby transmit to the New York 
commissioners, through you as their chairman, the above request, 
hoping that you will accede to the same. 

Very respectfully, your ob't serv't, 

0. H. PERRY, 
Chairman of the Conn. Boundary Commission. 
After this was received, the chairman of the New York com- 
mission called a meeting of our board, Avhich was held on the 
4th of May, when the following reply to the proposition to post- 
pone action, was returned to the Connecticut commission : 

PouGHKEEPsiE, May 4, 1860. 
Hon. Oliver H. Perry, Joseph R. Hawley, and Philip S. Bebee, 
Commissioners, ^'c: 

The undersigned, commissioners on the part of New York to 
ascertain and settle the boundary line between the States of Con- 
necticut and New York, hereby give notice, that, at a meeting of 
said New York commissioners this day held, they have resolved, 
in consideration of your request of April 18, 1860, to postpone 
the time of the commencement of the survey and marking of said 
boundary line, to the sixth day of June next, when such duties 
will be by them commenced at the place, and prosecuted in the 
manner specified in the notice heretofore served upon you, and 
the request of your co-operation, made in said former notice, is 
hereby respectfully renewed. 

ISAAC PLATT, 
JACOB VROMAN, 
L. D. BROWN. 
Accompanying this notice, a friendly letter was addressed by 
our chairman to the head of the Connecticut commission, renew- 
ing former friendly assurances, and again asking for united action 
in the survey. Replies were received, signifying that the post- 
ponement was satisfactory. 

We now proceeded with our arrangements, and met at Albany 
on the 4th of June to complete them, and repair to the field of 
labor. In the meantime, the chairman received a letter on the 
29th of May, from the Hon. Philip S. Bebee, one of the Connec- 
ticut commissioners, earnestly requesting him and others of our 
commission, to come to New Haven on June 5th, for the purpose 



22 I Senate 

of holding anolher joint consultation, and placing the subject 
before the joint committee of the Connecticut Legislature, Avhich 
then had the subject in charge, assuring us that our visit and state- 
ments would be received in a friendly spirit. As Mr. Bebee had 
used every reasonable effort to bring about an arrangement, we 
considered it advisable to accept the invitation. Messrs. Piatt 
and Brown accordingly proceeded to New Haven, for the purpose 
of making a final attempt at an arrangement, while Mr. Vroman 
and our engineer, Mr. Dewey, proceeded to Millerton to organize 
the surveying party, and make arrangements for proceeding imme- 
diately with the survey on the return of the two Commissioners 
from New Haven, 

We arrived at New Haven on the 5th of June, and were courte- 
ously received by the Connecticut Commissioners. A joint meet- 
ing was held the same evening and a long consultation had, but 
without any result. Another meeting was held on the following 
morning, but with like effect, as the majority of the Connecticut 
Commissioners adhered to their position, as herein before stated, 
and would abate nothing of it. 

After these proceedings Avere concluded, Mr. Curtis, chairman 
of the joint legislative committee to whom the subject was referred, 
courteously invited us to appear before that committee, at 2 P. M. 
of that day, and give a full explanation of the position of New 
York, with our views at large. 

We attended accordingly, stated the character of the issue, the 
propositions Ave had offered, and our reasons for maintaining the 
positions Ave had assumed, shoAving that AA'hile Ave insisted on main- 
taining the rights of New York, Ave Avere determinad not to en- 
croach, in any respect, upon those of Connecticut. 

Mr. BroAvn, on the part of Noav York, stated in substance, that 
he considered the quantity of territory involved in the dispute, of 
little moment to either State. The duty of the State to her citi- 
zens, hoAvever, who had, Avith their ancestors for several genera- 
tions, occupied the disputed territory, Avas of paramount import- 
ance. That the territory had been occupied by the States, in 
accordance Avith the survey of 1731, was conclusivel}^ established, 
and the residences of inhabitants on either side of said line could 
not now be changed without doing great violence to all legal and 
equitable claims of either State. He further and at large explained 
the vicAvs of the New York Commissioners as to the extent of the 
powers of the commissions of each State, which AA'^as to ascertain 



No. 36.J 23 

and settle the line, and not make or establish an entire new line. 
And inasmuch as some of the Connecticut Commissioners, and 
some of her Senators and Representatives, took exceptions to the 
act of our Legislature, a copy of which is herein heretofore given, 
he fully explained what was the intent and meaning of said act, 
which was, lu. substance, that already a large amount of money 
and valuable time had been expended by commissions in attempt- 
ing a settlement of the controversy; that Connecticut, by her 
Commissioners, had constantly insisted upon running a new line 
of division between the States, cutting off from the State of New 
York a strip of land about fifty-three miles in length, of the ave- 
rage width of about twenty-eight rods, ejecting from the State of 
their adoption about three hundred inhabitants, instead of ascer- 
taining, defining and settling the line between the States as fixed 
in 1731, b}'^ both States, and confirmed by royal ordinance, which 
was clearly the extent of the Commissioners' powers. Therefore, 
despairing of any adjustment, except such an one as would be 
humiliating to the State of New York, and making her govern- 
ment justly chargeable with neglect of the rights of her citizens, 
and of being unmindful of the duty which every government owes 
towards those living under its jurisdiction, this act was passed for 
the purpose of ending the controversy, and the service of Com. 
missioners, and of defining and suitably marking the actual line, 
leaving all future questions, if any should arise concerning the 
same, which was not probable, to be decided by the courts of law, 
as a less expensive and more certain way of settling them. He 
also assured the committee, in presence of the Commissioners, 
that if the Connecticut Commissioners would join in the survey 
and marking of the line, we would pass all uncertain points on the 
line, if any such should be found when making the survey, and 
run straight lines from one well authenticated point to the next 
point of the same character, thus running straight lines between 
certain and well authenticated points the whole length of the line 
between the States, which would not make any material changes 
of any kind. 

Mr. Piatt followed, concurring in the views presented by Mr. 
Brown, and added, that in his opinion there was nothing in the 
question that should properly make it one of controversy. It was 
simply whether two great States should adhere, in good faith, to 
a contract, made with a full understanding of its character, and 



24 [Senate 

acquiesced in by both for one hundred and twenty-nine years. It 
was of no real consequence to either whether the old line was 
exactly straight, or a little crooked ; nor did the fact that the line 
slightly varied from a straight course therefore give to either party 
the right to repudiate it. It was sufficient that the indenture 
conveying the lands defined the line to be " as it runs through the 
several monuments." No man of respectable legal attainments 
could deny this. An arbitration had been spoken of at times, 
but how could arbitrators decide intelligently respecting the mat- 
ter unless the tracts conveyed by each State were first surveyed, 
and then, at the very outset, would come up this very issue as it 
now stands — how should the lines be run ? One party could insist 
on following a straight line from Ridgefield to Massachusetts, the 
other upon tracing the old line, and there would be another dead 
lock. More Commissioners might be appointed, more correspon- 
dence had, more meetings held, more money spent, and what then? 
Nothing but useless sacrifice on both sides. The old quibble or 
abstraction would hold as good as ever unless given up. 

New York had passed an act to authorize her Commissioners to 
run and fix this line alone, if those of Connecticut would not unite 
with them; but this did not take away any of the rights of Con- 
necticut. The object of the law was to bring the matter to an 
and, as there was no prospect that it would ever terminate in any 
other way. That laAV, too, was abundantly called for on account 
of the people residing along the line, who were kept in controver- 
sies and constant anxieties respecting such line. They had suffered 
too much already, and for their sake, above all other considera- 
tions, we should now bring this whole business to a final and defi- 
nit/© termination. 

Our statements seemed to make a favorable impression, and we 
left, hoping that as the Connecticut Commissioners had expressed 
to us their readiness to follow any direction their General Assem- 
bly might give, that an arrangement might still be possible. But 
whether successful or not, we felt that we had discharged our 
whole duty in our efforts to avoid ex-parte action. 

After we had left the legislative committee, our Connecticut 
friends were very prompt to prepare a rejoinder. As we reached 
the railroad station, we were handed the following paper by Mr. 
Hawley, one of its signers : 



No. 36.J 25 

New Haven, June 6, 1860. 
To Messrs. Platt, Brown, and Vroman, Commissioners on the part 

of JVew York : 

Gentlemen — The subscribers, commissioners on the part of 
Connecticut to settle the boundary between the two States, beg 
to submit the three following propositions, in addition to those 
previously made. 

First — Begin at a point in the center and near the north end of 
the street running through the village of Hitchcock's Corners, 
and run thence in straight lines to the Ridgefield and Massachu- 
setts angles. 

Second — Move the angle bounds at Ridgefield and on the Mas- 
sachusetts line, five chains and ninety-one links east of their 
present positions, and connect the same by a straight line running 
through said point in the center of the north end of the street of 
Hitchcock's corners. 

Third — In case both of said propositions are rejected by the 
New York commissioners, then let us submit the subject to arbi- 
tration, each party choosing a disinterested person, not an inhab- 
itant or citizen of either State, which two shall choose a third of 
like qualifications. Said arbitrators shall hear the claims of each 
State, and decide where the line in dispute ought to be run; it 
being understood and argreed that said board of arbitrators shall 
take into consideration, not only the legal questions involved, but 
any and all considerations of equity, public policy, and conve- 
nience. 

Respectfully yours, 0. H. PERRY, 

J. R. HAW LEY. 

Such an uncalled for, extraordinary communication as this, 
naturally surprised us; its captious spirit displayed its object. 
It required careful consideration, and we took it in hand for 
that purpose. Having scanned its purport and objects, on the 
thirteenth of June we returned the following answer : 

The commissioners on the part of New York to ascertain and 
settle the boundary line between the States of New York and 
Connecticut, respectfully decline to accede to either of the three 
propositions offered by two of the commissioners on the part of 
Connecticut, ou the sixth day of June instant, for the following 
reasons : 

First — Either of the first two propositions propose, not to ascer- 
tain and settle the line, but to make an entire change of the line 



xQ [Senate 

as formerly established by the two States, unnecessarily clianging 
many residences, and violating the rights of citizens and residents 
of the State of New York, and under her jurisdiction. 

Second — The line formerly established between the States, hav- 
ing been ascertained by the joint commission, and there being no 
reasonable doubt as to its locality, nothing but an accurate survey 
of the same, and a settlement establishing the boundary between 
the States, on such line, would be consistent with the duty of 
either State towards her citizens, and no principles of State policy 
or expediency, demand a change. 

Third — The New York commissioners have no power to change 
the line between the States, after having ascertained the same to 
their satisfaction. 

Fourth — All the grounds and objections to the straight line, 
specified in the report of the New York commissioners to their 
Legislature, dated Jan. 18, 1860, apply to these propositions. 

Also, they decline to arbitrate the matter for the reasons : 

First — That in order to place the whole facts necessary to 
either a legal or an equitable settlement of the whole case, before 
arbitrators, it would be necessary to review the whole of the old 
survey, ascertaining, to a certainty, tlie number of acres each 
State received from the other, by the original cession of each 
State, instead of taking as a basis the guess-work of the Connec- 
ticut commissioners, and their assertions as to the number of acres 
received by Connecticut from New York, with calculations made 
upon a false basis, in violation of the facts and the records of the 
old commissioners. 

Second — The New York commissioners have no power to arbi- 
trate. 

Third — The decision of arbitrators, if the same should change 
the established line, would not bind the States. 

Finally, all objections to the old established line, being that it 
is not perfectly straight, are merely frivolous, are of no real force, 
and are not entitled to our further consideration. 

ISAAC PLATT, 
JACOB VROMAN, 

Dated June 13th, 1860. - L. D. BROWN. 

Wo may add to the reasons given in the above reply, that while 
the removal of the ancient angle bounds at Massachusetts and 
Ridgefield, would have little effect but to make confusion and 
trouble among the people above the Ridgefield angle, it would 



fTo. 36.] 27 

have a still worse effect below it. It would derange the entire 
line between that and the Wilton angle, which passes through a 
good and well settled section of country, which derangement of 
the line would be wholly to the prejudice of Connecticut, and 
change some ten or twelve residences, with the lands adjacent, 
into New York, while all are now content and desire no change. 
We would not sanction such injustice to Connecticut, although 
her own representatives proposed it. 

With the communication of June 13th, terminated our corres- 
pondence Avith the commissioners of Connecticut. Were it all 
published, it would extend this report beyond reasonable dimen- 
sions. All essential to a fair understanding of our proceedings, 
as we believe, is given. 

On the 7th of June we met again at Millerton, Our surveying 
party was organized with Hiram S. Dewey, chief engineer, John 
Evans, assistant, and a full complement of flag men, chain men, 
and axe men, and our preliminary arrangements completed. On 
the 8th of June the survey was commenced at the Massachusetts 
line monument, all the New York commissioners and the party 
being present ; no one appearing on behalf of Connecticut. We 
felt our duty to be a delicate if not a difficult one, to settle a dis- 
puted line by ex parte action, and, therefore, resolved to practice 
the most rigid circumspection ; to give no cause of complaint, and 
to follow the true line with strict impartiality. 

The monument in Massachusetts line, or corner monument, we 
found to be a heap of stones piled up among large loose stones, or 
ledges, between two high ridges of the Taghkanic mountains, 
always recognized as the northeast corner of the equivalent tract, 
or oblong, ceded to New York in 1731, and as the northwest cor- 
ner of Connecticut. On this point we believe there has never 
been any dispute. In the indenture executed by the Commissioners 
of 1731, conveying the oblong to New York, its position is thus 
describe(,l : 

The monument at the northeast corner of the additional lands, 
in the Massachusetts line aforesaid, stands in a valley in the 
Taghkanic mountains, being one hundred and twenty-one rods 
eastward from the top or ridge of the most westerly of said moun- 
tains, there being a great stone, with some others set upon it, on 
the top of said westermost mountain, where the said Massachusetts 
line crosses it. 

The great stone here described, which human power could not 
remove without first breaking, occupies its original position, 



28 [Senate 

and therefore we tested its distance from the monument aforesaid, 
and found it to differ from that given in the old survey but one 
foot. 

We had previously tested the distance of this monument from 
the noi'thwest corner of the oblcng, by measurement on the north 
line, and found the distance to be nineteen rods short of that re- 
quired to give New York her requisite width of land. But as 
the description corresponded with that of the original monument, 
and there way no room to doubt its identit}', we adopted it as a 
fixed point, which we had no right to change. 

From this monument the course to the forty-seven mile monu- 
ment point was found to be south, eleven degrees twenty minutes 
west; distance four hundred and sixty-four chains sixty-nine links. 
This monument is thus described in the original survey: 

The monument corresponding to the monument at 47 miles dis- 
tance, is a stake and heap of stones, in a low piece of ground, 
lying southwesterly of Taconick mountains, and northwesterly 
from a meadow, and is near the wagon path from Woatang to 
Tacanick. 

The original monument was gone; it is, however, a well recog- 
nized traditionary point. The locality of this point was also 
pointed out by Mr. William Kelsey, who had resided in that vicinity 
fifty years, whose farm is bounded westerly by the State line, and 
corners on this monument point. His informant as to the monu- 
ment point was a Mr. Bird, avIio was the owner of the land on both 
sides of the line at the time the survey was made in 1*131. He 
resided in the State of Connecticut, near the monument, and 
shortly after the survey sold his land in New York, fixed the di- 
viding fences as they now stand, and retained his land in Connec- 
ticut many years atter. Mr. Kelsey also pointed out the location 
of the old road leading from Woatang to Taghkanic. This evi- 
dence we considered conclusive. 

Our course from this point to the forty-four mile monument, 
was twelve degrees thirty-four minutes west, two hundred and thir- 
ty-nine chains and fifty-seven links. This monument is described 
in the original survey as follows : 

The monument corresponding to the monument at forty four 
miles distance, is a stake and heap of stones, standing at the foot 
of a hill, and twelve rods from the east side of a large pond. 

This monument was found, and on testing its location by mea- 
surement from Indian pond, we had no difficulty in fixing its position, 



No. 36.] 29 

in consequence of the peculiar formation of the land, as the hill 
recedes on both sides of the monument from the pond. It is also 
the established corner of the towns of Salisbury and Sliaron, in 
Litchfield county, Connecticut. We consulted the inhabitants in 
the neighborhood, among them Mr. Douglas Clark, who had been a 
resident there for sixty-five years, and who had always known 
that as the line monument. 

We found the course from this forty-four mile monument to the 
forty-two mile monument point, to be south eleven degrees and 
thirt} -three minutes west, one hundred and sixty chains and ninety- 
nine links; which is thus originally described: 

The monument corresponding to the monument at forty-two 
miles distance, is a stake and a heap of stones, on the brow of a 
steep bank, on the north side of Ten Mile river where it runs 
easterly, and is likewise twenty-one rods on the perpendicular 
line east from the east side of said river. 

This point is so accurately described in the old survey, that its 
true position could not be mistaken. The course of the river at 
the place where the perpendicular line crosses it is nearly due 
south, then it makes a bend and runs nearly due east at the foot 
of the steep bank spoken of. The top of the bank is a steep ledge 
of rocks which terminates abruptly, the ground beyond it being 
nearly level. The distance measured on a perpendicular line from 
the east side of the river was found to correspond with that origi- 
nally made. 

The course from this point to the forty mile monument point, 
was south thirteen degrees and sixteen minutes west, one hundred 
and sixty-one chains and twenty-four links. The following is the 
description of the last mentioned point, in the original survey: 

The monument corresponding to the monument at forty miles 
distance, is a stake and a heap of stones at the west side of a 
swamp, and forty rods on the perpendicular line easterly from 
the Ten Mile river. 

This monument was not in existence, but near the requisite dis- 
tance from the last mentioned point we selected a point on the 
river, where the east bank had evidently never changed, and 
measured, on a perpendicular line easterly, the distance specified 
in the old description, and there located the point. The location 
selected was also pointed out by tradition, and although it took 
some time to make the necessary inquiries and investigations for 
its establishment, we were finally fully convinced of its correct- 
ness. 



30 [Senate 

From this point to the thirty-five mile raounment we ran a 
straight course, which was south twelve degrees and twenty-one 
minutes west, three hundred and ninety-eight chains and twenty- 
one links. 

The thirty-seven mile monument is thus described : 

The monument corresponding to the monument at thirty-seven 
miles distance as aforesaid, is a stake and heap of stones, on the 
north side of a riilge, and is sixty links north thirty-one degrees 
west from a rock lying there in the ground. 

This monument had been removed, but the locality of the rock 
referred to was pointed out to us by Mr. George Winegar, who 
had blasted and removed the same. The position of the rock 
being ascertained, that of the monument was readily determined 
by measurement from it. We made no angle at this point, none 
being necessary, the line all the way corresponding to the tradi- 
tionary line. In this distance, a little north of the thirty-seven 
mile point, we passed through the village of Hitchcock's Corners, 
where the people are more sensitive on the subject of the line than 
at any other place in its entire length. We found our direct 
course to pass with such precision through the several points in 
the village designated as the original line, that we scarcely varied 
from said line one foot. 

The thirty-five mile monument is described in the original sur- 
vey as follows : 

The monument corresponding to the monument at thirty-five 
miles distance as aforesaid, is a heap of stones on the top of a 
rock on the west side of a hill. 

This monument was found corresponding so exactly with the 
original description, that there was no possible room for doubt of 
its identity. It has never been disputed, is well known to the 
inhabitants in the neighborhood, and is also the established corner 
of the towns of Sharon and Kent, in the State of Connecticut. 

The course from this monument to the thirty-three mile monu- 
ment is south twelve degrees thirty-two minutes west, one hun- 
dred and fifty-eight chains and ninety-six links. 

The thirty-three mile monument is thus described : 

The monument corresponding to the monument at thirty-three 
miles distance, is a heap of stones on the top of a hollow rock on 
the west side of a hill. 

We found this monument agreeing perfectly with the original 
description, it being a heap of stones on the top of a hollow rock 



No. 36.] 31 

of very peculiar shape, about five feet square, and hollowed out 
like a spoon. It was in a wild, unfrequented spot, and the heap 
of stones had an ancient appearance. It was so nearly in line 
with the forty, thirty-seven, and thirty-five mile monuments, that 
an angle at the latter monument of only eleven minutes, it was 
found Avould strike it. and the distance from the thirty-five mile 
■ monument to this, varied only one chain and one link from the 
proper distance. To obtain further evidence of the certain iden- 
tity of this monument, we consulted Mr. Ritton, who stated that 
he had been familiar with all the localities in that neighborhood 
some sixty years, and who had always known this as the true line 
monument, the same having been pointed out to him as such, by 
men who had known it ever since the original survey. We also 
consulted a Mr. Nye and Mr. Thomas Swift, very aged residents 
of the neighborhood, who gave us similar information. 

Another heap of stone's, not on a hollow rock, had been regarded 
as the thirty-three mile monument by some of the inhabitants in 
the neighborhood. It was so pointed out to us when exploring 
the line in company with the Connecticut commissioners in Sep- 
tember, 1859. This stone heap was found to be two thousand, 
three hundred feet too far south for the proper location of the 
line monument, seven hundred and fifty feet west of our present 
line, and nine hundred and sixty feet west of a straight line from 
the thirty-five to the thirty mile monument. Also, this heap of 
stones does not correspond with the description of the monument 
in question as to locality, being on the south west brow of a high 
hill, the land north easterly from it being very nearly level for a 
considerable distance. 

From the thirty-three to the thirty mile monument, the course 
is south eleven degrees forty-four minutes w^est, distance two 
hundred and forty-three chains and thirty-seven links. 

The thirty mile monument is thus described in the original 
survey : 

The monument corresponding to the monument at thirty miles 
distance aforesaid, is a stake and heap of stones at the south end 
of a high hill. 

It was readily identified by its location, was well preserved, and 
from what we could learn, had, from time immemorial, been recog- 
nised as one of the original monuments erected to mark .the line 
between the States. 

From this to the twenty-eight mile monument, the course ^.vas 



32 [Senate 

south twelve degrees and twenty-seven minutes west, one hun- 
dred and sixty-one chains and thirty- two links — which last men- 
tioned monument has the following description in said old survey : 

The monument corresponding to the monument at twenty-eight 
miles distance as aforesaid, is a heap of stones on the east brow 
of a high hill, at which place we saw New Milford town, Ousato- 
nick river running at the foot of said hill. 

This, like the thirty mile monument, is well known and undis- 
puted, its location fully corresponds with the above description, 
and it is the established corner of the Housatonic Indian reserva- 
tion in Connecticut. 

The course from the twenty-eight to the twenty-six mile monu- 
ment is south ten degrees fifty-six minutes west, one hundred 
and sixty chains — of which twenty-six mile monument the follow- 
ing is the original description : 

The monument correspotiding to the monument at twenfy-six 
miles distance, is a stake and heap of stones on the west side of 
an high hill, and is thirty-five chains and forty-five links on the 
perpendicular line from the east side of the Ten Mile river. 

No monument was found here, but aged residents in the vicinity 
pointed out a spot which they asserted it once occupied. We tested 
this position by a measurement on the perpendicular from the east 
side of Ten Mile river, referred to in the above description, and 
the distance agreeing with the original measurement, we readily 
adopted this point. 

From the twenty-six mile monument point to the twenty-two 
mile monument, the course was south eleven degreeg thirty-nine 
minutes west, distance three hundred and twenty chains and 
eleven links. 

The twenty-four mile monument could not be found, as the 
description was very indefinite, and we could apply no test to 
locate it. There being no dispute as to the line in that section» 
we continued the same course to the twe'ity-two mile monument' 
which is thus described in the original survey : 

The monument corresponding to the monument at twenty-two 
miles distance, is a stake and heap of stones on the east side of 
New Fairfield hills. 

This monument was readily found and identified, in its proper 
place as to distance, differing only eleven links from four miles, 
from the twenty-six mile monument. 

Our course from the twenty-two to the twenty mile monument, 



No. 36.J 33 

was south twelve degrees and eighteen minutes west one hun- 
dred and sixty-three chains and seventeen links. 
This monument is described as follows : 

The monument corresponding to the monument at twenty miles 
distance as aforesaid, is a stake and heap of stones, in a wet piece 
of ground in the west side of a steep, rocky hill. 

This monument was pointed out to us by Mr. Henry Briggs, of 
Connecticut, who is the owner of the land where the same was 
placed. It was also pointed out by other old residents of the 
vicinity, as one of the original line monuments. Its position cor- 
responded accurately with the above description, and left no room 
for doubt as to its genuineness. 

From thence to the eighteen mile monument our course was 
south eleven degrees and forty-nine minutes west, distance one 
hundred and fifty-nine chains and nine links; the original descrip- 
tion of which is as follows: 

The monument corresponding to the monument at eighteen miles 
distance as aforesaid, is a stake and heap of stones, on a ledge 
of rocks, on the west side of a hill. 

This monument was found, agreeing strictly with the original 
description. 

From it to the sixteen mile monument the course was south 
twelve degrees nineteen minutes west, one hundred and fifty-seven 
chains and fifteen links. 

This monument is thus described : 

The monument corresponding to the monument at sixteen miles 
distance, is a stake and heap of stones, on a high hill, there being 
two small ponds to the southeastward of the monument, the near- 
est to which is about five rods to the monument. 

We found this monument on what is now called Cranberry moun- 
tain, northwest from two small ponds, and five rods from the 
nearest one, and in all respects agreeing with the foregoing des- 
cription. 

From the sixteen to the fourteen mile monument our course 
was south ten degrees and eleven minutes west, distance one hun- 
dred and sixty-one chains and seven links. 

The following is the description of this monument, given in said 
original survey : 

The monument corresponding to the monument at fourteen miles 
distance, is a stake and heap of stones standing on the northwest 
side of a hill. 

[Senate, No. 36.] 3 



34 [Senate 

After a careful search ibis monument was found, on tl)e north- 
west side of a bill, a soft maple tree having grown up through it 
and crowded off some of the upper stones, but leaving the foun- 
dation in such a position as to do away with all doubts as to its 
identity. 

Our course from tbe fourteen to the ten mile monument point 
was south ten degrees and fifty-one minutes west three hundred 
and thirteen chains and forty-one links; of which last mentioned 
monument tbe following is the original description : 

The monument corresponding to the monument at ten miles 
distance as aforesaid, is a stake with a heap of stones round it, in 
a springy ground, on the west side of a high bill. 

Tbis monument was not found, but its position was pointed out 
by Mr. Seneca Salmons, the owner of tbe land on both sides of 
the line, and who had removed tbe stones of which it was com- 
posed from bis meadow, tbe bole tbe stones had made by settling 
into the soft ground remaining undisturbed. Tbe point indicated 
fully answers to tbe above description as to position, and it is in 
tbe traditionary line as indicated by tbe usual evidences of it, 
both at the north and at tbe south of said point. Hence we 
adopted it. 

Tbe twelve mile monument could not be found, neither could 
we obtain any satisfactory evidence of its original location ; we 
therefore passed it, running direct fr^m tbe fourteen to tbe ten 
mile point. 

From tbis ten mile point to tbe eight mile monument our course 
was south twelve degrees and twenty-four minutes west, distance 
one hundred and fifty-five chains and seventy-one links. 

The surveyors of 1731 described tbe eight mile monument as 
follows : 

Tbe monument corresponding to tbe monument at eight miles 
distance as aforesaid, is a stake with a heap of stones round it, in 
a hollow upon a high rocky hill. 

We found tbis monument readily, in a hollow upon a high rocky 
hill, as above described, and in such a position as to leave no 
doubt of its identit3\ It was also well known to all tbe inhabi- 
tants in the vicinity, and conceded to be a monument placed there 
to mark tbe line between tbe States, and preserved for tbat purpose. 

The course from tbis to tbe six mile monument was south ten 
degrees and nineteen minutes west, distance one hundred and 
fifty-nine chains and twenty-eight links. 



No. 36.] 35 

The six mile monument is thus described : 

The monument corresponding to the monument at six miles dis- 
tance as aforesaid, is a stake with a heap of stones round it, near 
the north end of a swamp, and by a footpath leading to Danbury. 

The remains of this monument were found, near the north end 
of a swamp, in a meadow. Its location corresponds with the 
description. A strip of dry ground which passes through the 
swamp, or apparently between two large swamps, near this point, 
gives evidence of the ancient path to Danbury. 

From this point to the four mile monument the course was south 
twelve degrees ten minutes west, distance one hundred and sixty- 
four chains and forty-two links. 

The following is the ancient description of the four mile monu- 
ment : 

The monument corresponding to the monument at four miles 
distance as aforesaid, is a stake with a heap of stones round it, 
about twenty rods and a half to the eastward of Mopo brook. 

This monument in all respects answers the above description. 
It is placed in a low piece of ground which has never been culti- 
vated, and twenty and one-half rods east of said Mopo brook; the 
brook at that point running along the east side of a high ridge of 
land where evidently its bed could not have materially changed in 
centuries. 

Our course from the four to the two mile monument, was south 
eleven degrees and forty-four minutes west, and the distance one 
hundred and fifty-eight chains and ninety-nine links. 

Description of said two mile monument, in the old survey, as 
follows: 

Corresponding to the monument fixed or set up at two miles 
distance, we heaped up some stones for a monument, on the west 
side of a rocky hill, near to a chestnut oak tree, marked with three 
notches on the north and south side. 

This a well known and established point, the monument fully 
answering its description, and readily found. 

From this monument to the Ridgefield angle our course was 
south fourteen degrees and ten minutes west; distance one hun- 
dred and nine chains and forty-one links. 

The angle monument is described as follows in the indenture 
of 1731 : 

The monument where the two easternmost parallel lines intersect 
and terminate in each other, stands on the north side of a hill, 
and is southeasterly from the easternmost end of the long pond. 



36 [Senate 

This monument is known quite extensivel}', is universally con- 
ceded to bo the true one, and has never been disputed. 

Here commenced the line from tlie Ridgefield to the Wilton 
angle, the intermediate monuments being numbered from the Wil- 
ton angle north. Our course from this point to the. four mile 
monument in said line, was south twenty-five degrees eight minutes 
east, distance two hundred and thirteen chains and thirty-nine 
links. 

We passed the six mile point, because of our inability to find 
the monument, the original description being very vague and in- 
definite. 

This four mile monument is thus described in the survey of 

1731: 

Corresponding to the monument fixed up at the distance of four 
miles as aforesaid, we set up a stake, heaped some stones around 
it for a monument, being in a swamp, and on the northwest side 
of a brook which runs into the pond of a saw mill. 

This monument was easily found, fully answering its de}>:cription 
as to locality. The stones of which it was composed were very 
deeply imbedded in the soft mucky earth, and a stone post had 
been set up in it, which, according to tradition, was placed 
there by a Mr. Keeler soon after the survey of 1731, he being the 
owner of the land on both sides of the line at that time, and for 
a long time subsequent. 

From this to the two mile monument, the course was south 
twenty-four degrees and forty-eight minutes east one hundred and 
fifty-seven chains and sixty-three links. 

The ancient description of the last mentioned monument is as 

follows : 

Corresponding to the monument fixed up at two miles distance, 
we heaped up some stones for a monument on the west brow of a 
stony ridge of land on the top of a rock sticking out of the ground. 

This monument was found in its proper place as to distance, 
and in every respect corresponding with the foregoing description. 

The course from this monument to the Wilton angle was south 
twenty-four degrees fourteen minutes east, distance one hundred 
and sixty-seven chains and twenty-eight links. 

The Wilton angle monument is described in the original survey 
as the monument at the southeast corner of the additional lands, 
the following being a copy of such description : 

The monument at the south east corner of the additional lands 



No. 36.] 31 

being east-northeast from the monument erected in the year one 
thousand seven hundred and twenty-five, at five hundred and 
eighty-one rods distance, stands on the west side of a stony ridge 
about six rods east from the south end of a swamp, and is two 
hundred and sixty-three rods distant on an east-northeast course 
from the west branch of Norwalk river. 

We found this monument answering the description, tested its 
location by measurement from the points mentioned in the above 
description, and found the distances correct. 

Our course from the Wilton angle monument, at the end of the 
line running parallel to the Sound, along the south line of the 
oblong, to the southwest corner of the same, being at the end of 
the line of thirteen miles and sixty-four rods from the Duke's 
trees, was south sixty-seven degrees and forty-five minutes west 
one hundred and thirty-eight chains and seventy-six links. 

At the southwest corner of the oblong no monument could be 
found, and tradition is the only evidence upon which the point 
could be established, as the surrounding locality is not described 
in the old survey. It is a point, however, not disputed, and 
respecting which there is no diversity of opinion among the 
inhabitants in the vicinity. It was agreed upon by the joint 
commission of 1856. 

From this southwest corner ^i the oblong to the Duke's trees, 
it was more difficult to find the intermediate monuments erected 
along the line, than from Massachusetts line to the Ridgefield an- 
gle, and thence to the Wilton angle, in consequence of there being 
no description of them or their localities. 

The line between these two points is thus described in the sur- 
vey of 1725 : 

We have likewise run a line from the said three white oak 
trees east-northeast thirteen miles and sixty-four rods, at the end 
of which we raised a heap of stones, and marked a black oak tree 
about half a rod to the westward of the said heap of stones, with 
the following figures and letters, viz: 13 M., 64 R., — and cut a 
broad notch into several trees round the said heap of stones, on 
the sides of the trees towards the said heap of stones. We like- 
wise raised a heap of stones at the end of every mile from the 
said three white oak trees, excepting the first mile, which ending 
in a watery swamp or pond, we raised a heap of stones on the 
west side of said swamp at two hundred and eighty rods from the 
trees, and another heap on the east side, at three hundred and 
sixty rods from the trees, and we marked the trees standing in 
said line with three notches on their west and east sides, which 
line, running east-northeast thirteen miles and sixty-four rods, and 



38 [Senate 

marked and distinguished as aforesaid, we have and do hereby 
establish and fix as the line of partition so far between the pro- 
vince of New York and colony of Connecticut. 

This line, it will be seen, is so imperfectly described, that, to 
trace the monuments by reference to the old survey, as in the 
other lines, was beyond our power. Our measurements pointed 
out the places where monuments should be sought, and beyond 
this we were guided by traditionary evidence. But to this we 
may add, that no part of this line has been in dispute at any 
time, and the traditionary evidence of its position is not conflict- 
ing, but admitted by the inhabitants on both sides. 

The point selected as that of the twelve mile monument, is 
where the remains of a monument are found. It was pointed out 
to us by a Mr. Davis, of Connecticut, whose father, now deceased, 
had been the owner of the land for many years. Its position is 
in the traditionary line, and it lacked only fifty-two links of the 
proper distance from the Duke's trees. 

At the point selected, for the nine mile monument there is a 
heap of stones, the location of which varies only six rods from 
the proper distance of nine miles from the Duke's trees. This, 
also, is in the traditionary line, and being at the proper point for 
a monument, and where it was necessary to make a slight angle, 
(only eleven minute*,) in order *to follow the traditionary line, 
we adopted it as a monument point of the original survey. 

At a point in the traditionary line, within six rods of five miles 
from the Duke's trees, we found a heap of stones occupying the 
position of the monument at five miles. Being thus situated, and 
the line as at the other points, undisputed, we adopted it as a 
monument, or monument point of the original survey, this ena- 
bling us to follow accurately the original line, in conformity with 
the rule we had adopted from the beginning. 

These points were adopted by a majority of the commissioners, 
Mr. Brown dissenting. 

Commencing on this line at the southwest corner of the oblong, 
our course was south sixty-five degrees and forty four minutes 
west, ninety chains and eighty-seven links to the twelve mile mon- 
ument above described and adopted ; thence south sixty-six 
degrees and fifty-six minutes west two hundred and forty-one 
chains and ninety-three links to the nine mile monument, above 
specified ; thence south sixty-six degrees and forty-five minutes 
west three hundred and nineteen chains and twelve links to the 



No. 36.J 39 

five mile monument, last above described ; tbence south sixty-six 
degrees and twenty-five minutes west three hundred and ninety- 
eight chains and forty links to the stone marked G. R.. at the 
Duke's trees. 

This stone is in the public highway leading from King street to 
Bedford, near the residence of Mr. Langdon. It is at the end of 
the line running parallel to the Sound, and is a point that has 
never been disputed, in the midst of a thickly settled and richly 
cultivated country, from the time of the survey of 1725. 

Between this point and the great stone or rock at the wading 
place, the surveyors and commissioners of 1725 had marked the 
line by them established, by the erection of monuments described 
as follows : 

At two miles from said rock, upon the east side of the said 
highwa3% close by the fence and near William Anderson's house, 
we raised a heap of stones. 

At three miles from the great stone we laid a heap of stones in 
the field belonging to William Fowler on the west side of said 
highway. 

At four miles w^e raised a heap of stones close by the fence, on 
the west side of said highway. All the houses on the west side 
of the said highway from the said heap of stones, at four miles 
from the rock to the place below John Purdy's where the line 
comes into the highway, being and remaining in the province of 
New York, and those on the east side of said highway being in 
the colony of Connecticut. 

At five miles from said great stone we raised a heap of stones 
in John Clapp's field, which heap of stones are thirty-two rods on 
a west-southwest line from the westernmost chimney of the said 
Clapp's house. 

At six miles we marked a large stone in the ground with a X, 
and raised a heap of stones round it. 

At six miles and a half we raised a heap of stones near the 
north side of a meadow, near John Hutchinson his house. 

At the time of the old survey and erection of these monuments, 
the country, along the whole length of this line, was, evidently, 
quite thickly settled, therefore these rude monuments very soon 
disappeared ; and, of course, at the time of our survey, none of 
them were in existence, and but two of the points where such 
monuments were erected could be located with any degree of 
certainty. 

At the fifth mile on said line, notwithstanding the monument 
itself was not in existence, the foundation of the chimney of John 
Clapp's house remained undisturbed. Finding that of this fact 



40 [Senate 

there could be no doubt, we measured from said chimney on a 
west-southwest line, and at the end of thirty-two rods eslablished 
a point in our line. This point is in the traditionary line, and by 
running through it the line is varied very slightly from where the 
people have always located it. 

The stone foundation of William Anderson's house, referred to 
in the description of the two mile monument, still remains, and 
was pointed out by old residents of the neighborhood. The dis- 
tance of the line westerly from this house is not stated, but the 
point or place the traditionary line occupied was pointed out, and 
this enabled us to fix a monument point at said Anderson's house 
so accurately that an angle of but two minutes was required in 
order to follow the traditionary line to the great stone at the 
wading place on Byram river. 

Starting from the stone marked G. R., located in the highway 
at the Duke's trees, our course was south twenty-three degrees 
and thirty-eight minutes east one hundred and seventy-two chains 
and ninety-three links, to the five mile monument point, west- 
southwest thirty-two rods from the Avest chimney of the John 
Clapp house; thence south twenty-four degrees tAventy-one minutes 
east two hundred and twenty-four chains and seventy-eight links, 
to the monument point in the highway near and west of the Wil- 
liam Anderson house ; thence south twenty-four degrees and nine- 
teen minutes east one hundred and seventy-three chains and seven 
links, to a bolt in the great stone at the wading place on Byram 
river. 

The great stone at the wading place, is a large rock on the east 
bank of Byram river, with a bolt fixed in it, and there was no 
room for any question respecting it. It has always been known 
as a point in the State line. 

From this we ran to a rock in the channel of the river, which is 
out of water at low tide, on a course south seventeen degrees and 
forty-five minutes west, twelve chains and sixty links. In this 
rock there is a bolt. Thence, following the channel of the river, 
south twenty-seven degrees west, fifty-five chains and nineteen 
links ; thence south seven degrees and twenty minutes east thirteen 
chains and forty-five links; thence south twelve degrees and ten 
minutes east sixteen chains and thirteen links; thence south two 
degrees and forty minutes east nine chains and four links; thence 
south twenty-eight degrees and twenty-five minutes east nine 
chains and fifty-four links; thence south eighteen degrees and 



No. 36.] 41 

forty minutes east four chains and seventy-seven links • thence 
south eleven degrees and fifty-five minutes west six chains and 
thirty-three links; thence south fifty-eight degrees and ten minutes 
west to where it falls into the Sound. 

The survey being completed, and the marks fixed, the work of 
placing monuments on the line commenced on the second day of 
October last. The engineer, aided by at least one Commissioner, 
superintended the setting of each, to see that the business was 
done properly. 

This was found a difiicult business, as the monuments, most of 
them, weighed from five to seven hundred pounds each ; their 
transportation to proper points on the line was very expensive, 
and many of the points where they were to be placed were away 
from the roads — sometimes almost inaccessible, some quite so with 
teams. To have them left at proper points, too, it was necessary 
to have one of our assistants acquainted with the line, to superin- 
tend their distribution. 

We believe we are warranted in saying that when our work was 
finished, it was entirely satisfactory to the people interest-ed on 
both sides of the line, and that strict justice was done to both 
States. 

In reference to the line from Massachusetts to the Sound, des- 
cribed in this report, it is perhaps well, for the purpose of giving 
a better understanding of the whole matter, to present a few in- 
teresting facts connected with it as found, and as we left it when 
our duties were completed. 

The line passes through a section of country nearly three-fourths 
of which, as the line traverses it, consists of rugged hills and moun- 
tains, woods and swamps. The hills and mountains were fre- 
quently, and often for long distances, covered with thickets of 
scrub oaks and laurels, and where not thus covered, with a vigor- 
ous growth of young chestnut, oak, walnut and other woods. The 
proportion of old forests was small, and where found were seldom 
free of underbrush. There was also among these an almost con- 
tinuous succession of rugged elevations and deep ravines. The 
swamps, which were numerous, and often large, were like the 
mountains, covered with thickets of underbrush of every kind, 
often well sprinkled with poison sumac, through which we were 
obliged to pass. Our progress was necessarily slow, and only as 
the axe men cleared our way. 

Even in what we considered the best portions of the line, from the 



42 [Senate 

Ridgefield to the Wilton angle, there is little improvement, except 
that there are no high elevations to overcome ; and from the Wil- 
ton angle to the Duke's trees, there is an almost continuous suc- 
cession of lofty ridges and deep valleys, a large portion covered 
with wood, and the surface very rough. On King street alone we 
had good running, but even that was slow, owing to the numerous 
orchards and groves through which we were obliged to pas?. 

The monuments Hpoken of as having been found at the end of 
one hundred, and twenty-nine years from the date of their erection 
by the commissioners of 1731, were all on lands that had never 
been cultivated, and with but four exceptions in meadows, in unfre- 
quented mountains, or old woods, where no improvements of the 
soil had been made. Beyond cutting off the wood to sell in the 
neighboring markets, or to burn into coal, there had been no mate- 
rial changes. As to those we speak of located in meadows, they 
were situated in grounds that had never been ploughed. This 
explains the reasons why they had been preserved so long. 
When they were removed, their location with but two exceptions, 
was i-n cultivated grounds. 

As the law under the authority of which we acted, required us 
to follow strictly the original line, much more time was required 
at several points than would have been necessary had Connecti- 
cut been represented, as then an agreement upon a point would 
have been sufficient in each case. But acting alone, and constantly 
under the eye of close observers on both sides, we resolved to 
assume nothing, but to gather evidence that could leave no rea- 
sonable doubt of the correctness of our decisions in each case. To 
guard the more effectually against mistakes, or unwarranted 
assumptions, it was arranged that a majority of the commissioners 
should be constantly on hand. If our labors were protracted in 
some instances, it was, that they might be so concluded that no 
controversy could follow them. 

It will be observed that we occupy an unusual space in speaking 
of the monument at thirty-three miles ; this is because the tra- 
ditionary evidence there first obtained, was found in direct conflict 
with that of the old survey. The new residents of the place had 
become accustomed to regard an old stone heap where they sup- 
posed a monument ought to be, as the monument, and therefore, 
the line as passing through it. But the application of our instru- 
ments, and the test of measurements, proved at once beyond doubt, 
that it never could have been a line monument. Notwithstanding 



No. 36.] 43 

this, we did not adopt the monument for this point, to us newly 
discovered, until we had collected traditionary evidence that was 
sufficient, and had applied to it the tests of course and distance 
that were sufficient to satisfy all reasonable men. 

In consequence of the discovery of the original thirty-three mile 
monument, in running from that to the thirty mile monument, we 
changed one residence, that had been considered in Connecticut, 
into New York, and this is the only change made from Connecticut 
to New York in the entire line. 

It is proper, also, to add here, that the error above spoken of, 
the substitution of a spurious stone heap for the thirty-three mile 
monument, has been the source of much comment, and no small 
amount of difference respecting the line from the Ridgefield angle 
to Massachusetts. The fact that said old stone heap was nine hun- 
dred and thirty-six feet west of a straight line from the thirty-five 
to the thirty mile monument, and about seven rods west of a 
straight line running from Massachusetts line monument to Ridge- 
field angle monument, while all the other intermediate monuments 
were east of such line, constituted generally the principal capital 
of the Connecticut commissioners in their objections to following 
the original line. We removed the crook which they could not 
endure, and humbly trust that intelligence of the fact will afford 
them, and the authorities of that patriotic State, substantial relief. 
In our explorations over the line Avith the Connecticut Commis- 
sioners, in September, 1859, a stone standing up in a wall was 
shown as the twelve mile monument point. When Ave had reached 
the fourteen mile monument in our survey, Ave struck for this stone, 
supposing it to occupy a monument point, and found it one thou- 
sand three hundred and forty-tAvo feet short of the proper dis- 
tance, and one hundred and sixty-one feet east of a straight line 
from the fourteen to the ten mile monument point. Although it 
had been considered for a time, we presume, in the traditionary 
line, the evidence of its spurious character was so conclusive, 
after a full examination, that Ave rejected it. No reliable traces 
of the original monument being found, we ran a straight course 
from the fourteen to the ten mile point, thus passing one hundred 
and sixty-one feet Avest of this stone, placed the line so far to the 
west of Avhat had been considered its position, and removed an- 
other crook that in passed negotiations had- assumed the impor- 
tance of a stumbling block. Here Ave changed a house formerly 
considered partly in each State into Connecticut. 



44 [Senate 

Notliing worthy of special note was observed from the above 
point until wo reached the monument two miles from the Wilton 
angle. Here we found that a third spurious stone heap had been 
taken for a monument, and had led a few residents to suppose 
they were in New York while really in Connecticut. We had not 
previously explored this part of the line, but on examining and 
applj'ing the usual tests, we found the character of this stone 
heap, that it in no respects answered the original description. It 
was at least fifty rods too far south, in swampy ground. The 
true monument was found on the west side of a stony ridge, 
answering perfectly the original description, and at the proper 
distance. This enabled us to fix the line accurately from this 
monument to the Wilton angle. In so doing we changed three 
residences, supposed to be in New York, into Connecticut. 

We ever have believed that could the Connecticut Commis- 
sioners have been induced to unite with us in a survey of the line, 
as we progressed with the same, their objections would disappear, 
and we are now confirmed in this opinion, from the fact that their 
main objections to following the old line, were because of these 
greatest irregularities in it, and of their understanding of the old 
survey; they insisting that the measurements of the old Commis- 
sioners and surveyors were surface measurements, without level- 
ing the chain, and claiming that all our measurements should be 
made in the same manner; white we as strongly insisted that 
such measurements were horizontal measurements, performed in 
the best manner the same could be, upon the surface of the 
ground. The irregularities above named, it will be seen by refer- 
ence to our survey, were wholly removed, and the length of the 
several lines, according to our measurements, performed in the 
best manner the same could be done by levelling the chain, proves 
conclusively that they were wrong in their calculations, the dis- 
tance from Massachusetts line to Ridgefield angle, according to 
our measurement, varying only about five rods from the distance 
given by the old surveyors. 

It should be observed in reference to the monuments spoken of 
in the old surveys as corresponding to other monuments, that in 
the said surveys there is a description first given of the monuments 
as erected in the west line of the oblong, and first line between the 
States ; that in setting off the Equivalent Tract, the surveyors 
followed said west line, and from each of the monuments on it 
ran perpendiculars by the compass, one mile, three-quarters of a 



No. 36.] 45 

mile, and twenty rods in length, and at the end of such perpen- 
diculars erected the corresponding monuments, described to des- 
ignate the east line of said Equivalent Tract, and the line by them 
established between the States. Thus, all those above the Wilton 
angle, in the line we traced, were monuments or points corres- 
ponding to those opposite ; numbering first from the Wilton angle 
to the Ridgefield angle, and then from the latter angle to the 
Massachusetts line. This also explains why the east line is not 
perfectly straight; the measurements of the perpendiculars over 
the uneven and wild country of 1731 could not be accurately 
made, and hence were of slightly unequal lengths. As the coun- 
try is full of minerals, too, variations of the compass must have 
been frequent, so that said perpendiculars, in many instances, 
wee not parallel to each other, which accounts also for the fiict 
that the monuments in the line established were not placed in all 
instances at the intended distances apart. 

These facts also explain another of material importance. The 
commissioners of 1731, were doubtless aware that their work could 
rot be done up with that perfect accuracy and precission that 
would render future cavil impossible, and, therefore, in order to 
guard effectually against leaving grounds for controversy, were 
careful to describe every monument they had erected, and then to 
define the line, and enter into an agreement establishing it, as it 
ran through the several monuments by them described. 

Our report is of unusual length, but is necessarily so because 
we have considered it essential, under the peculiarities of our 
position in arranging the matter in dispute between two States, 
to set forth and maintain the following positions: 

First — That the original exchange of lands was proposed by 
Connecticut. 

Second — That all the difficulties respecting it originated on her 
part, as well as the delays that were most unreasonably and unne- 
cessarily prolonged. 

Third — That the proposal to run and mark the line anew, as it 
had become obscure and in dispute, was made by Connecticut in 
1855. 

Fourth — That since-its acceptance by New York in 1856, the 
commissioners of Connecticut have constantly thrown obstacles in 
the way of a fair adjustment, by repudiating the original line, 
and their own proposition, and insisting upon running a new line. 



46 [Senate 

Fifth — That three-fourths of all the expense, except that of the 
survey only, has arisen from this cause alone. 

Sixth — That our final efforts to induce the Connecticut commis- 
sioners to unite with us in the survey, were met by a proposition 
that would have complicated the controversy more than ever. 

Seventh — That we have finished our work in such manner that 
the rights of both parties have been rigidly respected, and there 
now remains nothing that can form a legitimate subject of dispute. 

One more topic only needs attention. Since our labors were 
completed, with which no dissatisfaction has been expressed by 
any of those interested, the Governor of Connecticut has made 
propositions to the Governor of this State, the same as though 
things remained as they were in 1855. 

He makes the three propositions which were made to us by the 
Connecticut commissioners in June last, at New Haven, a copy of 
which, with our written rejection, giving our reasons for such 
rejection, are embodied in this report. 

Why these propositions are renewed at this time by the Execu- 
tive of Connecticut, after full action had upon them by the com- 
missioners, we cannot conceive. Any action upon them now could 
certainly amount to nothing further than the making of additional 
expense, the whole question being settled, or at least in a position 
to be tested by judicial tribunals, if conflicting questions of juris- 
diction arise between the States. 

We submit these additional facts as a final illustration of this 
extraordinary controversy. 

We have appended hereto, for future reference, a description of 
the line, and each of the points thereon, where monuments or bolts 
have been placed by us, to designate the same. 

We have had prepared, by our engineer and assistant, a map, 
together with a diagram of the line to accompany this report. 

The expenses of the commissioners, that have accrued in prose- 
cuting their labors, since our last report, are as follows : 
Expenses of the survey, including pay of engineer and 

assistant, flagmen, chainmen, axemen, transportation, 

use of team, tools (fee. . _ $2,434 34 

Cost of monuments, transportation of same to the proper 

points, including engineering expenses, and hire of 

laborers setting them 830 05 

Other expenses of a general nature, including pay of 

engineer for making maps and reports, &c 281 69 



No. 36.] 47 

Services of commissioners, and their traveling expen- 
ses during the survey, setting of monuments, and 
making report 5,245 05 

S8,791 13 



All of Avhich is respectfully submitted. 

ISAAC PLATT. 
JACOB VROMAN. 
LEANDER D. BROWN. 



Boundary line betwee7i JVew York and Connecticut, as located and 
marked by the JVew York Commissioners in 1860. 

Description of the monuments, and the positions in which they 
were placed on the boundary line between New York and Con- 
necticut, in conformity with the survey of 1860 : 
The monuments from the Massachusetts line to and including 
the tenth mile monument, are of sawed marble, eight inches 
square, from five to six feet in length, and standing out of the 
ground about two and a half feet. And the monuments from the 
tenth mile to Wilton angle, and including one west of said angle, 
also those at the twelfth and fifth mile points on the line parallel 
to the Sound, are of cut granite, finished two and a half feet, 
eight inches square at the base or surface of the ground, and six 
inches square at the top. And at the five and two mile points on 
the line from the Duke's trees to the stone at the wading place, 
are similar to those north of the tenth mile; the remainder being 
of rough granite slabs, varying in breadth and thickness. For 
the original monument points our monuments were marked with 
the number of miles corresponding to the original survey, and all 
other monuments were marked with the letters JV. F., on the New 
York side, and Ct. on the opposite side. 

At the Massachusetts line we set a monument on a ridge be- 
tween two high hills in the Taghcanic mountains, one hundred 
and sixty rods east from the southwest corner of Massachusetts, 
and one hundred and twenty-two rods east from a bolt placed in 
a rock on the westernmost range of said mountains, and in the 
southerly line of Massachusetts. 

At a distance of fifty-eight chains twenty-five links from the 
above mentioned monument, we placed a bolt firmly in the rock, 
and heaped up some stones near it, being on the east brow of a 
high ridge. 



48 [Senate 

At a distance of one hundred and sixty chains seventy-four 
links from the Massachusetts line, we fixed a bolt in a rock, west- 
erly from the southerly end of North pond, and fifteen chains 
fifty-nine links northerly from where the line crosses the outlet 
of Grass pond. 

At a distance of two hundred and forty-four chains from the 
Massachusetts line, we set a bolt on a high, rocky ridge, on the 
northerly side of a run, or deep ravine. 

At a distance of three hundred and six chains twenty-one links 
from Massachusetts line, we set a bolt in a rock about eighty feet 
east from the brow of a high ledge, which is east of a run, and 
pasture land. 

For the forty-seventh mile we set a monument in the plain 
which is south of Taghcanic mountain, adjoining the land of 
William Kelsey, and about four hundred and seventy feet south 
of a highway running nearly east and west. 

At the distance of forty-one chains six links from the forty- 
seventh mile monument, we set a monument in the road leading 
from Millerton to Lakeville, being .at the junction of said road 
with the road from Spencer's Corners. 

We have set a monument on the south side of a road leading 
from George Clark's, near Indian pond, to Lakeville, one hundred 
and twenty-nine chains nine links from the forty-seventh mile 
monument. 

For the forty-fourth mile monument we set a nlonument at the 
southwest corner of the Ore-bed House dooryard, near Indian 
pond, about twelve rods on a perpendicular line east from Indian 
pond. 

We have set a monument on the north side of a road leading 
from Millerton to Sharon Valley, by Norman Wheeler's, eighty- 
five chains nineteen links from the forty-fourth mile monument. 

At the forty-second mile we set a monument on the brow of the 
bank, on the north side of Ten Mile river, where it runs easterly, 
and five chains twenty-nine links on the perpendicular line east- 
erly from the east side of said Ten Mile river. 

We also set a monument on the north side of a road leading 
from Sharon station on the Harlem railroad to Sharon Valley, 
at a distance of fifteen chains sixty-three links from the forty-sec- 
ond mile monument. 

We also set a monument on the south side of a road leading 
from Amenia to Sharon, through Sharon Valley, at a distance of 



No. 36.J Is 

one hundred and thirty-seven chains fort^^-seven links from the 
forty-second mile monument. 

At the fortieth mile we set a monument in a wet piece of 
ground, about forty rods east on a perpendicular from Ten Milo 
river, and one hundred and sixty-seven feet, on a south forty-three 
degrees east course, from a well on the east side of a house occu- 
pied by George Wheeler. 

We have set a monument on the north side of a road running 
nearl}'^ east and west, at a distance of twenty-nine chains fifty- 
four links ftom the forty mile monument. 

We have set a monument in the north end of the street running 
nearly north and south through the village of Hitchcock's Corner^; 
two hundred and seventeen chains twenty-one links from the forty 
mile monument, and fifty-five feet east from the northeast corner 
of Milo Winchester's house. 

We have set a monument on the south side of the street leading 
southeasterly from the village of Hitchcock's Corners, at a dis- 
tance of two hundred and twenty-nine chains eighty-one links 
from the forty mile monument. It is sixteen and seven-tenths 
feet east from the southeast corner of William Wattles' house. 

We also set a monument on the south side of the highway 
which passes the dwelling of George Clark, three hundred arid 
forty-seven chains forty-two links distance from the forty mile 
monument. 

At the thirty-'Bfth mile we set a monument on the west side of 
a high hill, it being at the corner of the towns of Sharon and 
Kent in the State of Connecticut. This monument was placed 
three feet south of the center of a rock upon which is placed the 
original monument of 1731. 

At the thirty-third mile we set a monument on the north sido 
of the hollow rock on which was erected the original thirty-three 
mile monument, it being on the west side of a high hill. 

We placed a monument on the north side of Bog Valley road, 
distance fifty-one chains fifty-seven links from the thirty-three 
mile monument. 

We fixed a bolt in a rock, on the southeast brow of a high ridge' 
in the Preston range of mountains, one hundred and eleven chains 
eighty-seven links from tlie thirty-three mile monument. The 
mountain road across to Dover Plains is at the bottom of the south 
slope of said ridge. 

[Senate, No. 36.] 4 



50 [Senatbt 

For the thirty mile point we placed a bolt in the rock where thft 
monument remained, on the south side of a high hill, and set a 
monument in the line six and three-tenths feet south of the bolt. 

We fixed a bolt in a rock on the ea&t slope of a ridge, there- 
being low wet ground to the east of said point, sixty chainseighty- 
three links from the thirty mile point. 

For the twenty-eighth mile, we set a monument on the s®uthea8-t 
slope of Schaghticoke mountains. The Preston lot and McDurf 
lot, in the State of New York, and the Housatonic Indian Reser* 
vation, in Connecticut, corner on this monument. 

A monument was set on the east side of a road which runs 
southerly from the foot of Schaghticoke mountains, crossing Ten 
Mile river at the north end of Ten Mile hill. It is two hundred 
and thirty-one and a half feet north of the east window in the 
house now occupied by Hiram Allis, through which window th« 
line passes. 

For the twenty-sixth mile, we placed a monument on the north- 
west side of a high hill (called Ten Mile hill), thirty chains and 
ninety-six links, on a south ten degrees fifty-six minutes west course, 
from where the line crosses Ten Mile river. 

We set a monument on the south side of a road leading from 
South Dover to Gaylord's Bridge, which is ninety-one chains from 
the twenty-six mile monument. 

Also a monument on the south side of a road leading from South 
Dover to Sherman Centre, at the distance of one hundred and 
eleven chains fifteen links from the twenty-six mile monument. 

Also a monument on the north side of a road leading from 
Quaker Hill to Sherman Centre, near the dwelling of John R. 
Caldwell. It is from five to six rods east of a bridge across a 
small stream, and two hundred and forty-four chains fifty-nine 
links from the twenty-six mile monument. 

For the twenty-second mile, we set a monument on a rocky 
ridge, on the east side of New Fairfield hills. 

We set a monument at the angle of a road which runs northerly 
from the dwelling of the widow Haviland, and where it runs east- 
erly, at a distance of one hundred and nineteen chains and forty- 
three links from the twenty-two mile monument. 

At the twenty mile point we set a monument in a wet piece of 
ground near the west side of a rocky ridge. 

We also placed a monument at a distance of eighty-three chains 



No. 36.] 51 

and sixteen links from tlie twenty mile monument, it being on the 
Bummit between the twenty and eighteen mile monuments. 

For the eighteenth mile, we set a monument on the brow of a 
ledge, it being on the westerl}^ side of a hill, and east of a ravine 
through which a small stream of water runs to the southeast. 

A monument was placed on the south side of a highway called 
the Old turnpike, where it crosses a swamp. There is a low rocky 
ridge east of it, and it is thirty-seven chains eighty seven links 
from the eighteen mile monument. 

Also a monument on the south side of a road which leads from 
Quaker Hill to Haviland Hollow, it being the first road north of 
Cranberry mountain. This monument is one hundred and six 
chains and thirty links from the eighteen mile monument. 

For the sixteenth mile, we set a monument on Cranberry moun- 
tain. There are two small ponds to the southeast of it, the nearest 
of which is eighty-nine feet from said monument. 

At a distance of eighty-three chains ninety-five links, from the 
sixteen mile monument, we placed a monument on the west bank 
of the east branch of Croton river, about one hundred and twenty- 
one feet north of a highway bridge across said river. 

Also a monument on the south side of a road leading from Havi- 
land Hollow to South East, one hundred and forty-three chains 
fifty-four links from the sixteen mile monument. 

For the fourteenth mile point we set a monument on the north- 
west side of a hill, seventeen chains fifty-three links south of the 
last mentioned monument at the road crossing. 

Also another monument on the north side of a road leading 
westerly from Ball's pond, about seventy-four chains forty links 
from the fourteen mile monument. 

Also a monument on the north side of a road leading from 
Deloss Barnum's to the south end of Ball's pond, at a distance 
of one hundred and seventy-six chains sixty-nine links from the 
fourteen mile monument. 

Also another monument on the north side of a road leading 
from Milltown to Ball's pond, at a distance of two hundred and 
fifty-eix chains eighty-nine links from the fourteen mile monument, 
eighty-three and eight-twelfths feet east from the east side of a 
road running nearly north and south. 

For the tenth mile, we placed a monument on the west of a high 
rocky hill, and east of the north end of a low rocky ridge. It is 
nearly equal distance from these land marks, in a meadow, about 



52 [Senate 

one hundred and fifty-five feet nortli of a low rocky ridge in the 
line. 

Also a nionnment on a high ridge, running northeasterly from 
round mountain, at a distance of fifty-nine cliains thirty-six links 
from the ten mile monument. 

And another on the north side of the highway leading from 
Milltown, in the town of Southeast to Danbury, at a distance 
of one hundred and forty chains forty-two links from the ten mile 
monument. 

For the eighth mile we set a monument in a hollow on the east 
end of Joe's hill, fifteen chains twenty-eight links south of the last 
mentioned monument. 

We also set a monument on the south side of the turnpike lead- 
ing from Danbury to Brewster's Station, sixty-seven chains ninety- 
five links south of the eight mile monument. 

At the sixth mile point we set a monument in a wet, stony 
meadow, on the north side of a swamp. 

Also a monument on the west side of a road leading from Peach 
Pond to Ridgebury, at the southerly end of the road where it 
runs nearly north and south, and thence turns easterly. It is one 
hundred and nineteen chains fifty-four links from the six mile 
point. 

For the fourth mile we set a monument in the north end of a 
boggy meadow, abont twenty and one-half rods easterly from 
Mopo brook. 

Also a monument on the south side of a road leading from North 
Salem to Ridgebury, fifty-one cliains sixty-two links from the four 
mile monument. 

And another on the south side of a road leading from North 
Salem to Ridgefield, eighty-one chains nineteen links from the 
four mile monument. 

For the second mile we set a monument on the southwest side 
of a rocky ridge on Sa^ah Bishop's mountain. 

We also set a monument on the south side of Sarah Bishop's 
mountain, in a small meadow, where the South Salem churches 
could bo seen. It is seventy-two chains and four links from the 
two mile monument. 

At the Ridgefield angle we set a monument on the north side 
of a hill which lies southeast of Long Pond. This monument is 
about six hundred and eighty feet southerly from where the line 
crosses a small brook that empties into said pond. 



No. 36.] 53 

We next placed a monument on the north side of a road lead- 
ing from Ridgefield to the west end of Long Pond. It is fifteen 
chains sixty-four links from the Ridgefield angle monument. 

Then a monument on the north side of a road running nearly- 
east and west along the north side of a large swamp. It is eighty 
chains eighty-eight links from the Ridgefield angle. 

On the south side of the old turnpike known as the New York 
and Hartford turnpike, one hundred and nineteen chains fifteen 
links from the Ridgefield angle monument, we set another monu- 
ment. 

For the four mile point from Wilton angle we set a monument 
in a low wet meadow, fifty-eight feet north of a brook running 
through said meadow into a mill pond. 

Also on the south side of a road leading from Lewisborough' to 
Ridgefield, forty-six chains forty-five links from the four mile 
monument aforesaid we set another. 

For the second mile we set a monument on the west side of a 
ridge four feet south of the centre of the old monument piled 
upon the top of a rock sticking out of the ground. 

On the west side of a road which runs nearly north and south, 
on the south slope of a hill, at the distance of ninety-two chains 
seventy-two links from tl e two mile monument we placed another. 

At the Wilton angle we placed a monument in the centre of the 
site of the heap of stones erected by the Commissioners of 1731. 
It is on the west side of Bald hill, and south of a large swamp 
called Bear swamp; 

Also a monument on the east side of a road which runs nearly 
north and south, at a distance of twenty-six chains eighty-nine 
links westerly from the Wilton angle monument. 

And another on the east side of a road running through the 
village of Vista. It is placed near the intersection of a road 
which runs nearly east and west. 

At the southwest corner of the equivalent track we set a monu- 
ment. It is on the east slope of a ridge of land which runs nearly 
north and south, the first ridge westerly from the village of Vista; 
also, it is on the east side of a highway, at the distance of one 
hundred and forty-three chains sixty-six links from the Wilton 
angle monument. 

At the distance of eleven chains thirty-three links from the 
last mentioned monument we set a monument on the west side of 
a road leading from Vista to High Bridge. 



54 [Senats 

At tliG distance of fifty-seven chains, sixty-two links from the 
southwest corner of the equivalent tract, we placed a monument 
on the west side of a road, near the southeast side of Mud pond. 

For the twelve mile point in this line we set a monument on the 
northeast side of a hill about one hundred and twenty feet to the 
east of a large boulder lying on the top of the hill. 

At the distance of twenty-five chains seventy-four links from the 
last mentioned monument, we set a monument on the east side of 
a road. 

Also another on the west side of the road from Dantown to 
Yista. 

At the distance of one hundred and three chains twenty-five 
links from the twelve mile monument, we placed a monument on 
the west side of the highway leading through Bantown to High 
Kidge. 

Also at the distance of one hundred and sixty-six chains sixty- 
three links from the same place, another monument on the west 
side of the highway leading from High Ridge to Pound Ridge. 

For the ninth mile point, we placed a bolt in a rock on the west 
ridge of a very high rocky ridge, lying between Miry Brook 
Swamp and Poole Swamp. It is forty feet from a large boulder 
on a north forty-one and one-half degrees west course. 

At the distance of eighty-one chains fifty-seven links from the 
nine mile point, Ave set a monument on the west side of the high- 
way leading through the village of Long Ridge, northerly to Bed- 
ford. 

At the distance of two hundred and fourteen chains thirty links 
from the said nine mile point, we placed a monument on the west 
side of the road running nearly north and south along the ridge 
between Banksville and Long Ridge. 

At the distance of two hundred and sixty chains sixty- 
two links from said nine mile point, we set a monument on the 
north side of a highway running nearly parallel with the line 
through the village of Banksville. The monument is near where 
the said highway crosses the line and turns southerly. 

At two hundred and eighty-seven chains eighty-eight links from 
said nine mile point, we placed a monument on the south side of 
the street or highway, last above mentioned, and near the junction 
of said street with the street running north and south through said 
village and crossing the line. 



No. 36.] 55 

For the fifth mile, wo set a monument on the northwest slope of 
a hill, there being swampy ground north of it. 

At the distance of sixty-nine chains seventy-seven links from 
the five mile monument, we set a monument on the west side of a 
road, in front of the dwelling house of Samuel Thomas. 

At the distance of one hundred and eight chains seventy-five 
links from the five mile monument, we placed a monument on the 
east side of a road. There is a knoll to the east and a swamp td 
the west of the monument. 

A.t the distance of one hundred and forty-eight chains ten links 
from the first mile monument, we placed a monument on the north 
side of a highway. 

At the distance of two hundred and forty-three chains thirty- 
eight links from the five mile monument, we set a monument on 
the west side of the road leading from Bedford to Port Chester. 

At the place called the Duke's Trees, in the ancient survey, wo 
found a stone marked with the letters G. R., as described in that 
survey, lying in the ground on the west side of the beaten track of 
the highway. 

For reference, we set a monument on a south sixty-six degrees 
twenty-five minutes west course, and easterly thirty feet from said 
stone, and another westerly thirteen feet and seven-tenths of a 
foot from said stone, on the same course. 

At the distance of ninety-two chains thirty links from the marked 
stone at the Duke's Trees, we set a monument in the field west of 
King Street road, being on the land of John Brimlow, south of his 
dwelling. 

For the fifth mile point on this line we set a monument thirty- 
two rods, on a west-southwest course, from the old chimney in the 
Clapp house, mentioned in the survey of 1725. 

At the distance of four chains twenty-nine links from the abov^ 
mentioned point we set a monument on the north side of a road 
leading from Bedford to White Plains. 

At the distance of eighty-eight chains twelve links from th* 
fifth mile, we set a monument on the west side of King Street 
road, a short distance south of the house of Joseph Fields. 

At the distance of one hundred and forty-four chains sixty-six 
links from the five mile point we placed a monument on the east 
side of King Street road. 

At the distance of one hundred and eighty-three chains seventy- 
three links from the five mile point aforesaid, we set a monument 



56 [Senate 

on tlie north side of a road running westerly from the King Street 
road. 

For the two mile monument in this line, we set a monument on 
the east side of King Street road, opposite the site of the old 
William Anderson house, as designated by the old foundation of 
the same remaining. 

At the distance of fourteen chains twenty-seven links from the 
last mentioned point, we placed a monument on the east side of 
the carriage track of King Street road. 

At the distance of fifty-three chains twenty-nine links from the 
two mile point aforesaid, we placed a monument on the east side 
of King Street road, where the road leaves the line and bears 
westerly from it. 

At the distance of ninety-three chains eighty-three links from 
the two mile point, before mentioned, we set a monument on the 
northeast slope of a high ridge, lying westerly from the screw 
factory on Byram river. 

The great stone at the wading place is a large rock, in which is 
a copper bolt, on the east side of Byram river, adjoining the bridge 
on the turnpike from New York to New Haven. 

From the said great stone at the wadijig place south seventeen 
degrees forty-five minutes west, twelve chains and sixty links, is 
a rock in the river, in which is a copper bolt, which can be seen 
at low tide. 

Thence down the river, on courses and distances which are given 
in the foregoing report. And each of these lines were extended 
on the bank of the river, and a bolt placed permanently in the 
rock, so as to secure a range to determine the angle or intersec- 
tion of the lines thus surveyed; and the angles are declared to be 
where the lines meet and terminate in each other. 

Dated Albany, February Sth, 1861. 

ISAAC PLATT, 
JACOB YROMAN, 
LEANDER D. BROWN, 

Boundary CGmmissioners. 
HIRAM S. DEWEY, 

Chief- Engineer. 



No. 86.] 57 

ENGINEER'S REPORT. 

Albany, February Sth, 1861. 

To Messrs. Isaac Platt, Jacob Yrgman and L. D. Brown, 

JVew York Boundary Commissioners: 
Sirs — I herewith transmit to you a report of the survey of the 
New York and Connecticut boundary line, executed under your 
personal observation ; and also a map of said line made according 

to your direction. 

Respectfully yours, 

H. S. DEWEY. 

Report of the Survey of the Boundary Line. 

A surveying party was organized by the undersigned as chief- 
eno-incer, with John Evans as assistant, and a suitable number of 
flagmen, axemen and chainmen, under your direction as New York 
Boundary Commissioners, and placed in the field on the Sth day 
of June. The survey Avas commenced at a monument in the Mas- 
sachusetts line, answering to the description of a monument erected 
in the year 1731, by the Commissioners and surveyors of New 
York and Connecticut, as the northeast corner of the equivalent 
tract, or oblong, ceded to New York by Connecticut, in said year. 

Starting from this point, we ran a random line to the forty- 
seventh mile monument point, which was pointed out by Mr. Wil- 
liam Kelsey, he having owned the land for nearly half a century. 
Mr. Kelsey says his informant was a gentleman by the name of 
Bird, Avho owned the land on which the monument wa's erected, 
at the time of the survey, and remembered distinctly of its being 
placed there by the Commissioners and surveyors of the year 
1731, which random line was one hundred and eighty-nine feet 
east of said monument point. 

I may here remark the lines were run with care and precision. 
The instrument used being a transit, and all measurements made 
were horizontal measurements, and done in the best possible man- 
ner the same could be made on the surface of the land. 

Having calculated the angle necessary to overcome the depar- 
ture, the line was retraced in detail and measured. Tlie course 
adopted being south eleven degrees twenty minutes west, distance 
four hundred and sixty-four chains sixty-nine links, to the forty- 
seventh mile monument point. 

Thence from the forty-seventh mile monument, south twelve 
degrees thirty-four minutes west, two hundred and thirty-nine 



58 [Senate 

chains fifty-seven links to the forty-fourth mile monument point, 
described as being twelve rods east from Indian pond. 

Thence south eleven degrees thirty-three minutes west, one 
hundred and sixty chains ninety-nine links to the forty-second 
mile monument point, described as being on the brow of a steep 
bank on the north side of Ten Mile river, where it runs easterly, 
and likewise twenty-one rods on a perpendicular east from the 
east side of Ten Mile river. The measurement was made to Ten 
Mile river at this place, and distance found to differ only three 
links. 

Thence from the forty-second mile monument south thirteen 
degrees sixteen minutes west one hundred and sixty-one chains 
twenty-four links to the fortieth mile monument point, being in 
Sharon valley, and described as being forty rods on the perpen- 
dicular line easterly from Ten Mile river. 

Thence south twelve degrees twenty-one minutes west, three hun- 
dred and ninety-eight chains twenty one links to the thirty-fifth mile 
monument, which is described by a heap of stones placed on the 
top of a rock on the west side of a hill, which was found answer- 
ing to the old description In every respect, and the corner of the 
towns of Sharon and Kent is established there. 

The thirty-seventh mile monument was not found. There 
is nothing existing to mark its original location, and a straight 
line from the fortieth to the thirty-fifth mile point follows on the 
traditionary line wherever it could be traced, and passes through 
the village of Hitchcock's Corners, where the oldest inhabitants 
have always considered the line to be. 

Thence from the thirty-fifth mile monument south twelve 
degrees thirty-two minutes west, one hundred and fifty-eight 
chains ninety-six links to the thirty-third mile monument, which 
was found on the top of a hollow rock on the west side of a hill, 
as described in the original survey. 

There was another place pointed out by a Mr. Whitney, as 
being the original thirty-three mile monument. The location of 
this is two thousand three hundred feet too far south, and is 
seven hundred and fifty west of our present line, and would be 
nine hundred and thirty-six feet west of a straight line between 
the thirty-fifth and thirtieth mile monuments, which are not 
discredited by any one living in the vicinity. 

Thence from the thirty-third mile monument south eleven 
degrees forty-four minutes west, two hundred and forty-three 



No. 36.] 59 

chains tbirfy-seven links to tlie thirtietli mile monument, standing 
on the south side of a hill on Preston mountain. 

Thence from the last mentioned monument south twelve degrees 
twenty-seven minutes west, one hundred and sixty-ono chains 
thirty-two links to the twenty-eighth mile monument, standing on 
the south end of Schaghticoke mountain. 

After leaving the thirty-fifth mile monument the lino passes 
over the west slope of Round mountain, thence across Bog val- 
ley to a range of mountains known as the Schaghticoke range, 
leaving said mountains soon after passing the twenty-eighth mile 
monument. 

Thence from the twenty-eighth mile monument south ten de- 
grees fifty-six minutes west, one hundred and sixty chains to the 
twenty-sixth mile monument point, described in the original sur- 
vey as being on the west side of a high hill, and thirty-five chains, 
forty-five links on a perpendicular line east from the east side of 
Ten Mile river. 

Thence from the last mentioned monument south eleven degrees 
thirty -nine minutes west, three hundred and twenty chains eleven 
links to the twenty-second mile monument, which was found on 
the east side of New Fairfield hills, answering to the original 
description of 1731. 

The twenty-fourth mile monument point was passed with a 
straight line running from the twenty-sixth to the twenty-second 
mile monument. There was nothing found to mark the original 
location of said monument. The straight line follows nearly on 
the traditionary line, where any evidence of it was found. 

Thence from the twenty-second mile monument south twelve 
degrees eighteen minutes west one hundred and sixty-three 
chains seventeen links to the twentieth mile monument, standing 
in a wet piece of ground, on the west of a steep rocky hill. 

Thence from the last mentioned monument south eleven degrees 
forty-nine minutes west one hundred and fifty-nine chains nine 
links to the eighteenth mile monument, which was found as des- 
cribed by the old survey, it being a heap of stones on a rocky 
ledge on the west side of a hill. 

Thence south tAvelve degrees nineteen minutes west one hundred 
and fifty-seven chains fifteen links to the sixteenth mile monument 
on Cranberry mountain, and being near two pond as described by 
the survey of 1731. 



60 [Senate 

Thence from the sixteenth mile monument south ten degrees 
eleven minutes west one hundred and sixty-one chains seven links 
to the fourteenth mile monument. This monument was found 
on the northwest side of a hill, answering to the description of 
1731. 

Thence from the last mentioned monument south ten degrees 
fifty-one minutes west three hundred and thirteen chains forty- 
one links to the tenth mile monument point, it being in a wet piece 
of ground to the west of a high hill. 

There was a place pointed out to us for the twelfth mile monu- 
ment point, it is one thousand, three hundred atid forty-two feet 
too far north, and one hundred and sixty-one feet east of our 
straight line from the fourteenth to tenth mile monument. 

Thence from the tenth mile monument south twelve degrees 
twenty-four minutes west one hundred and fifty-five chains seventy- 
one links to the eighth mile monument, it being in a hollow on a 
high rocky hill. 

Thence south ten degrees nineteen minutes west one hundred and 
•fifty-nine chains twenty -eight links to the sixth mile monument 
point, it being in a wet piece of ground on the north side of a 
swamp, as described in the old survey of 1731. 

. Thence from the sixtli mile point, south twelve degrees ten min- 
utes west one hundred and sixty-four chains forty-two links to 
the fourth mile monument, which was found in a low piece of 
ground, and was twenty and a half rods east from Mopo brook. 

Thence from the fourth mile monument, south eleven degrees 
forty-four minutes west one hundred and fifty-eight chains nine- 
ty-nine links to the two mile monument, which was found on the 
west side of a rocky hill, as described by the survey of 1731. 

Thence from the two mile monument, south fourteen degrees 
ten minutes west, one hundred and nine chains forty-one links to 
the Ridgefield angle monument, which was found on the north 
side of a hill which lies southeasterly from the east end of Long 
pond. 

The survey of these lines was completed on the 18th day of 
August, making the distance from Massachusetts line to the 
Ridgefield angle fifty-two miles and thirtj'-five rods; a difference 
of only five rods in distance from the survey of 1731, after mak- 
ing a correction for the angle at the Massachusetts line and at 
Ridgefield angle. 

Commencing at the Ridgefield angle monument, where the last 



No. 36.] 61 

mentioned line terminated, running thence south twenty-five de- 
grees eight minutes east two hundred and thirteen chains 
thirty-nine links to the fourth mile monument, on the east line of 
the oblong, between the Wilton and Ridgefield angles. This 
monument was found in a wet piece of ground, and on the north 
side of a brook, which bears the name of Mill River brook, and 
runs into a sawmill pond, as described in the original survey. 

Thence from this last mentioned monument, south twenty-four 
degrees forty-eight minutes east, one hundred and fifty-seven 
chains sixty-three links to the two mile monument, it being on 
the west brow of a stony ridge of land, on the top of a rock 
sticking out of the ground. 

Thence from the last mentioned point, south twenty-four de- 
grees fourteen minutes east, one hundred and sixty-seven chains 
twenty-eight links to the "Wilton angle monument, or southeast 
corner of the oblong, as set off by the commissioners of 1731. 

Thence from the Wilton angle monument, south sixty-seven de- 
grees forty-five minutes west one hundred and thirty-eight chains 
seventy-six links to the southwest corner of the oblong, and being 
where the survey of 1725 terminated. 

Thence south sixty-five degrees forty-four minutes west ninety 
chains eighty-seven links to a point which was called a monument 
in the State line. I have no doubt of its being the original twelfth 
mile monument. It is fifty-two links less than twelve miles from 
the angle at the Duke's trees. 

Thence from the last mentioned point, south sixty-six degrees 
fifty-six minutes west, two hundred and forty-one chains ninety- 
three links to a point called the ninth mile monument. This mon- 
ument was found on a rocky ridge of land between two swamps. 
It did not have an ancient appearance, but if an original monu- 
ment, it was for the ninth mile. 

Thence from this last mentioned point, south sixty-six degrees 
forty-five minutes west three hundred and nineteen chains twelve 
links to the fifth mile monument point, being about two thousand 
feet west from Banksville. 

After passing the ninth mile, the line passes through a dense 
swamp, known as PooPs swamp, thence over Long ridge, after- 
wards crossing a deep valley through which runs the Maharness 
river, thence across McKay's ridge to the village of Banksville, 
following on the traditionary line wherever it was pointed out 
to us. 



62 [Senate 

Thence from the fifth mile monument, south sixty-six degrees 
twenty-five minutes west three hundred and ninety-eight chains 
forty links to the angle at the Duke's trees. At this point we 
found the stone marked with the letters 6. R., as described in the 
survey of 1725, lying in the ground on the west side of the wagon 
track at the north end of King street. 

Thence from the Duke's trees south twenty-three degrees thirty- 
eight minutes east one hundred and seventy-two chains ninety- 
three links to a point which is west southwest, and distant thirty- 
two rods from the chimney in the old Clapp house. The founda- 
tion of said chimney is now standing, and the distance was mea- 
sured therefrom. 

Thence from the last mentioned monument, south twenty-four 
degrees twenty-one minutes east two hundred and twenty-four 
chains seventy-eight links to a point opposite the old William 
Anderson house, mentioned in the survey of 1725; its foundation 
now remains, and was pointed out to us as the foundation of said 
house. 

Thence from this last mentioned point, south twenty-four degrees 
nineteen minutes east one hundred and seventy-three chains seven 
links to the great stone at the ancient wading place on Byram river. 

The survey was continued down the said river, following the 
channel as near as it could be ascertained, with courses and dis- 
tances, as follows : 

From the stone at the wading place, south seventeen degrees 
forty-five minutes west twelve chains sixty links, to a rock in the 
river, which can be seen at low tide, and in which there is a bolt, 
thence south twenty-seven degrees west fifty-five chains nineteen 
links; thence south seven degrees twenty minutes east thirteen chains 
forty-five links; thence south twelve degrees ten minutes east six- 
teen chains thirteen links : thence south two degrees forty minutes 
east nine chains four links ; thence south twenty-eight degrees 
twenty-five minutes east nine chains fifty-four links ; thence south 
eighteen degrees forty minutes east four chains seventy-seven links ; 
thence south eleven degrees fifty-five minutes west six chains thirty- 
three links ; thence south fifty-eight degrees ten minutes west to 
•where it falls into the Sound. Each of those lines were extended 
on to the bank of the river, and a bolt placed permanently in the 
rock, so as to secure a range to determine the angle or intersection 
of the Mues thus surveyed, and the angles are declared to be where 
the lines do meet and terminate in each other. 



No. 36.1 63 

Making the entire length of the line, exclusive of the river sur- 
vey, eighty and ninety-one hundredths miles, and including the 
river survey, eighty-two and sixty-four hundredths miles. 

The survey was completed and party disbanded on the 25th 
of September, having been in the field about one hundred and ten 
days. 

There have been monuments erected at all the angle points, and 
at road crossings, wherever it was deemed necessary to perma- 
nently mark the line, 

I have prepared, and herewith present, a map of the line, em- 
bracing such portions of the adjoining territory as is necessary to 
properly understand the several points referred to. 

Care has been taken to make the descriptions full, for the con- 
venience of the people and for future reference, to avoid contro- 
versies. 

All of which is respectfully submitted. 

H. S. DEWEY, Chief -Engineer. 



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